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33d Congress, [HO. OF REPS.] Ex. Doq, 

1st Session. No. 91. 

MARTIN KOSZTA— CORRESPONDENCE, &c. 



MESSAGE 

FROM 

THE PRESIDENT OFTHEtNlTED STATES, 



TRANSMITTING 



Copies oj correspondence, &fc., growing out of the seizure and rescue of 

Martin Koszta. 



April 14, 1854. — Ordered to be printed 




To the House of Representatives : 

1 transmit, herewith, a report from the Secretary of State, with ac- 
companying documents, in compliance with the resolution of the House 
of Representatives of the 4th instant. 

FRANKLIN PIERCE. 

Washington, April 12, 1854. 



Department of State, 

Washington, April 12, 1854. 

The Secretary of State, to whom has been referred the resolution of 
the House of Representatives of the 4th instant, requesting the Presi- 
dent, " if not inconsistent with the public interest, to transmit to the 
House of Representatives copies of the correspondence, not now com- 
municated, of the United States legation at Constantinople and the 
United States consulate at Smyrna with Captain Ingraham, and with 
the government of Austria, and with this government, together with 
the instructions from this government to their agents abroad, touching 
the seizure and rescue of Martin Koszta, and the terms and conditions 
on which he was liberated and sent to this country," has the honor to 
lay before the President a copy of the papers specified in the accom- 
panying list, which, with those sent to the Senate on the 1st of March 
and the 5th of April, herewith enclosed, embrace all the correspond- 
ence on the subject not heretofore communicated to the House of Rep- 
resentatives. 

Respectfully submitted : 

W. L. MARCY. 

To the President of the United States. 



H. Doc. 91. .ILS'B 



LIST OF DOCUMENTS ACCOMPANYING THE REPORT OF THE SECRETARY 
OF STATE TO THE PRESIDENT, OF THE 12tH APRIL, 1854. 

Mr. Marcy to Mr. Dobbin, April 7, 1854. 

Mr. Dobbin to Mr. Marc}'-, (with enclosures,) April 10, 1854. 

Note. — For previous correspondence relating to the case of Martin 
Koszta, see House Ex. Doc. No. 1 and Senate Ex. Docs. Nos. 40 
and 53. ^» 



Mr. Marcy to Mr. Dobbin. 

Department of State, 

Washington, April 7, 1854. 
Sir : In order to enable the President to conaply with the request 
contained in the resolution of the House of Representatives, adopted 
on the 4th instant, a copy of which is enclosed, I will thank you to 
send to this department any information in the possession of the Navy 
Department touching the seizure and rescue of Martin Koszta, and the 
terms and conditions on which he was liberated and sent to this coun- 
try, together with any instructions from the Navy Department to Cap- 
tain Ingraham, relating to this subject, which has not been heretofore 
communicated to the House of Representatives. 

I have the honor to be, sir, W'ith the highest respect, your obedient 
servant, 

WM. L. MARCY. 
Hon. James C. Dobbin, 

Secretary of the Navy. 



Mr. Dobbin to Mr. Marcy. 

Navy Department, 

April 10, 1854. 
Sir : I have the honor to acknowledge the receipt of your communi- 
cation of the 7th instant, enclosing a copy of a resolution of the House 
uf Representatives, adopted on the 4th instant, requesting of the Pres- 
ident of the United States, if not inconsistent with the public interest, 
copies of the correspondence concerning the seizure and rescue of Mar- 
tin Koszta, which have not heretofore been communicated to that body ; 
and, in compliance with your request, I have the honor to transmit the 
coiTCspondence which ensued between this department and Commodore 
Silas H. Stringham and Commodore Duncan N. Ingraham, in relation 
to the matters referred to. 

With very great respect, I am, sir, your obedient servant, 

J. C. DOBBIN. 
Hon. Wm. L. Marcy, 

Secretary of State. 



H. Doc. 91. 3 

/United States Ship St. Louis, 
Smyrna, July 3, 1853. 

Sir : It becomes my duty to report to you an affair at this place, in 
which I have taken upon myself to compromise the American flag. 

I arrived here upon the 23d of June, and, soon after anchoring, was 
informed that an American had been kidnapped by the Austrian consul 
upon the Turkish soil, and sent on board an Austrian brig-of-war. 

I sent for the American consul, and informed him ot what I had 
heard. He told me the man was a Hungarian refugee, (named Martin 
Koszta,) who had a certificate of intention to become a citizen of the 
United States, and came here in an American vessel, but that he did 
not consider him under his protection, having, to his knowledge, no 
passport. 

The consul and myself then went on board the brig and requested 
to see the commander, but were told he was not on board. We then 
went to the Austrian consul and demanded to see Koszta, which, after 
some demur, was granted. After a conversation with Koszta, I was 
afraid I had no right to demand him as a citizen of the United States, 
but determined neither to make a claim, nor acquiesce in his seizure, 
until I could hear from the legation at Constantinople. I was guided 
in this opinion by the consul, who seemed to think we could not use 
force without more evidence than ihe paper in his possession gave. I 
then requested the consul to write immediately to the legation, which 
he did. Before an answer could arrive, I received information that 
Koszta was to be sent to Trieste. I immediately wrote to the com- 
mander of the brig, protesting against this step, and received a verbal 
reply that he was ignorant of any such intern ion. Next morning, at 
daylight, I got under way and anchored within half-cable's length of 
the brig, and loaded my guns ; the steamer, in which it was said 
Koszta was to be sent, being very near. At 11 a. m. an answer came 
from Mr. Brown, stating that Koszta was an American citizen, and ad- 
vising the consul to give him all aid and sympathy, but in an unofficial 
way. I then told the consul he must insist upon Koszta remaining 
until I again heard from the charge. He did so, when the Austrian 
consul told him he had intended to send the man that day, but would 
wait until the next mail. On Saturday, the 2d of July, the capon 
oglan of the legation arrived with letters from the charge to the consul 
and myself to use stringent measures. 

I immediately had an interview with Koszta, in which he claimed 
the protection of the American flag. I then addressed note "B " to tht; 
commander of the brig, demanding Koszta's release. I also directed 
the American consul to furnish the Austrian consul with a copy of the 
demand, which was done. 

■^ At this time the Austrian brig and a 10-gun schooner, that arrived 
■- the day before, prepared for action ; having three mail steamers to as- 
sist. I did the same, and awaited the hour of 4 p. m. At 12 our con- 
sul came off" with a proposition that Koszta should be delivered into the 
hands of the consul general of France, to be held at the joint order of 
the American and Austrian consuls until his nationality should be de- 
termined. After some consideration, and the advice of the English 
and French consuls to ours, I agreed to the terms. The prisoner was 



4 H. Doc. 91. 

I then landed, aniid the cheers of the inhabitants and every demonstra- 
/ tion of joyrtjl know, sir, I have taken a fearful responsibility upon 
r'^l myself by tHie act ; but after Mr. Brown had informed meKoszta had 
taken the oath of allegiance to the United States, and forsworn all 
allegiance to Austria; that he was an American citizen, and had been 
under the protection of the legation at Constantinople, I could not hesi- 
tate to believe he was fully entitled to protection. It was a case of hfe 
and death, for if Koszta had been taken to Trieste his fate was sealed ; 
and could 1 have looked the American people in the face again if I had 
allowed a citizen to be. executed, and not used the power in my hands 
to protect him for fear of doing too much? AThe easy manner, also, in 
""which he was given up, and the conventidn that he should be held by 
a third party until his nationality could be established, is evidence that 
they were not sure of their ground. 

Should my conduct be approved by you, sir, it will be one of the 
proudest moments of my life, that I have saved this gallant man from 
a cruel and ignominious death. On the other hand, should the course 
I have pursued be disavowed, I must bow to the decision ; but what- 
ever may be the consequences to myself, I shall feel 1 have done my 
best to support the honor of the flag, and not allow a citizen to be op- 
pressed who claimed at my hands the protection of the flag. 
1 enclose copies of all the papers (A to E) relating to this affliir. 
I have the honor to be, very respectfully, your obedient servant, 

D. N. INGRAHAM, 

Commander. 
Hon. J. C. Dobbin, 

Secretary of the Navy, Washingt07i, D. C. 



V 



[Translation.] 

E. K. Brig Hussar, 

Smyrna, June 29, 1853. 
I had the honor to receive your letter of the 28th instant. 
Concerning the matter respecting Martin Koszta, 1 request you, sir, 
to communicate with the consul general ; as for myself I can do noth- 
ing in the matter, as I receive all my orders from him. 

I have the honor to subscribe myself, with great respect, your obedi- 
ent servant, 

SCHWARZE. 
To the Commandant 

of the United States Ship St. Louis. 



U. S. Navy Department, 

Washington, August 19, 1853. 
Sir : The department acknowledges the receipt of your communica- 
tion bearing date the 3d of July, 1S53, in which you relate the course 
you deemed it your duty to pursue, on being " informed that an Ameri- 



H. Doc. 91. 5 

can had been kidnapped by the Austrian consul upon the Turkish soil, 
and sent on board an Austrian brig-of-war ;" and who, upon further in- 
vestigation, was discovered to be a Hungarian — Martin Koszta — who 
had, in July, 1852, filed his declaration to become a citizen of the 
United States, and had arrived at Sm3^rna in an American vessel. 

This department does not feel called upon to enlarge upon the vari- 
ous questions of international law involved in the proceedings adopted 
by the officers of the different governments concerned. Those ques- 
tions may hereafter become subjects of discussion between the respect- 
ive governments interested. 

I deem it proper, at present, to content myself by assuring you that\ 
the prudence, promptness, and spirit which marked the part you bore 
in the transaction, is approved by this department. 

It is a matter ofgratulation that the affair terminated without a resort 
to collision and bloodshed. 

The President desires that, on all occasions and in all parts of the 
globe visited by the American navy, the rights and the property of 
American citizens should be watched over with vigilance and protected 
with energy; but he, with no less earnestness, enjoins it upon the officers 
of the navy to exercise due caution to avoid the slightest infraction of the 
laws of nations, and scrupulously regard the rights of others. Respect 
the flags of other nations, and with the more pride you c;in demand 
respect for your own. 

By the next steamer I may, probably, forward to you a copy of the 
instructions now in preparation at the State Department for our minis- 
ter at Constantinople. 

I am, respectfully, your obedient servant, 

J. C. DOBBIN. 

Commander D. N. Ingraham, 

Commanding U. S. Sloop-of-war St. Louis, Mediterranean. 



Extract from a despatch received at the Navy Department from Commodore 
Stringham, commanding United States squadron in the Mediterranean^ 
dated jlag-ship " Cumberland,^^ Gulf of Spezzia, Sardinia, August 2, 
1853. 

Sir : I lose no time, after my arrival to this port, in transmitting to 
you the original documents from Commander Ingraham, of the corvette 
" St. Louis," relative to the affair of the refugee Martin Koszta, at 
Smyrna, and to which I have already had the honor to v.llude in my 
last despatch, of the 29th ultimo, from Leghorn. 

In connexion with this subject, I have deemed it a duty to give 
my entire approbation to the course pursued by Commander Ingraham. 
The disorganized state of the Turkish empire at this period, more par- 
ticularly in the confusion and lawlessness existing in the province of 
Smyrna, together with the total imbecility of the authorities of the city, 
in permitting the flagrant and illegal seizure of M. Koszta by a foreign 
power, and their lamentable supineness subsequent to the arrest, ren- 
dered, in my opinion, the demands of Commander Ingraham, backed 



6 H. Doc. 91. 

as they were by the positive and formal instructions of our charge at 
Constantinople, perfectly justifiable. My only regret is that Commander 
Ingraham was not enabled to receive M. Koszta on board his ship, and 
await luriher action in the premises afterwards. 

I have thus briefly expressed my views in regard to this matter, trust- 
ing the conduct of Commander Ingraham may be sanctioned by the 

department. 

# * * # * # 

[Note. — The letter of Commander Ingraham, transmitting documents 
relative to the Koszta affair, and referred to in the foregoing extract of 
Commodore Stringham's despatch, is identical with the one to the Sec- 
retary of the Navy, (herewith appended,) dated July 3, 1853.] 



Navy Department, Avgust 2G, 1853. 

Sir : Your despatch No. 30, dated Gulf of Spezzia, August 2, 1S53, 
with its enclosures, has been received. 

The department concurs in the approbation expressed by you of the 
conduct of Commander Ingraham in the affair of Martin Koszta, at 
Smyrna, and had, previous to the receipt of your despatch, communi- 
cated its approval to Commander Ingraham, a copy of which was sent 

to you at Spezzia, under date of August 20, 1853. 

* * # # # # 

I am, respectfully, your obedient servant, 

J. C. DOBBIN. 
Commodore S. H. Stringham, 

Commanding U. S. Squadron, Mediterranean, 



H. Doc. 91. 



MESSAGE 



THE PRESIDENT OF THE UNITED STATES, 



COMMUNICATING, 



In compliance with a resolution of the Senate, copies of all communications 
from the American Legatioti at Constantinople, respecting the seizure of 
Martin Koszta by the Austrian authorities at Smyrna, 



March 2, 1854. — Read, referred to the Committee on Foreign Relations, and ordered to be 

printed. 



To the Senate of the United States: 

I transmit to the Senate a report of the Secretary of State, with ac- 
companying documents, in compliance with their resolution of the 2d 
ultimo. 

FRANKLIN PIERCE. 
Washington, March 1, 1854. 



Department of State, 

Washington, February 28, 1854. 

The Secretary of State, to whom has been referred the resolution of 
the Senate of the 2d instant, requesting the President "to communicate 
to the Senate, if not incompatible with the public interest, copies of all 
communications from the American legation at Constantinople, respect- 
ing the seizure of Martin Koszta by Austrian authorities at Smyrna," 
has the honor to lay before the President a copy of the documents 
called for by the resolution and specified in the accompanying list. 
Respectfully submitted : 

W. L. MARCY. 

To the President of the United States. 



8 H. Doc. 91. 



List ofdoaiments accompanying the report of the Secretary of State to the 
President, of the 28th February, 1854. 

Mr. Brown to Mr. Marcy, (with enclosures,) No. 41, June 28, 1853. 

Do. do. (with enclosures,) No. 42, July 5, 1853. 

Mr. Marsh to Mr. Marcy, No. 43, July 7, 1853. 

Do. do. (extract,) No. 45, July 11, 1853. 

Do. do. (extract,) No. 47, July 25, 1853. 

Do. do. (extract,) No. 48, Aug. 4, 1853. 

Do. do. (with enclosures.) No. 50, Aug. 17, 1853. 

Do. do. (with enclosures,) No. 54, Sept. 13, 1853. 

Do. do. No. 55, Sept. 14, 1853. 

Mr. Brown to Mr. Marcy, Sept. 23, 1853. 

Mr. Marsh to Mr. Marcy, (with enclosures,) Oct. 3, 1853. 

Do. do. (extract,) No. 59, Oct. 15, 1853. 

Do. do. (with enclosures,) No. 60, Oct. 20, 1853. 

Do. do. (with enclosures,) No. 62, Nov. 5, 1853. 

Do. do. No. 65, Dec. 14, 1853. 



No. 41. 
Mr. Brown to Mr. Marcy. 

Legation of the United States, Constantinople, 

June 28, 1853. 

Sir : I have the honor to enclose copies of three letters relating to 
the apprehension of a Hungarian emigrant to the United States, named 
Martin Koszta, by a number of Greek ruffians, in the streets of 
Smyrna, and his imprisonment on board an Austrian brig-of-war now 
in that port, under circumstances so outrageous and inhuman, that I 
am sure they will excite the indignation of the government and people 
of the United States as strongly as they have of all the inhabitants of 
Smyrna and Constantinople. 

The brutal conduct of the Austrian consul will, I trust, be disavowed 
by the minister at this capital; but I doubt whether the unappeasable 
thirst for the blood of the unfortunate Hugarian will permit him to do 
justice to my intercession in favor of the present victim. 

I will not add how much is my execration for a government whose 
principles lead to such ends, nor how warmly I shall use all the means 
in my powe^r to save the hfe of one who, though not wholly a citizen of 
the United States, nevertheless has strong claims upon my official in- 
terference in behalf of his existence. 

I have as yet received no reply from the Austrian minister to my 
letter. 

I have the honor to be, sir, with great respect, your obedient servant, 

JOHN P. BROWN. 
Hon. Wm. L. Marcy, 

Secretary of State of the U7iitcd States. 

P. S. — I am enabled also to enclose copy of the internuncio's reply. 



H. Doc. 91. 9 

A. 

United States Consulate, Smyrna, 
^ June 24, 1853. 

Sir : I have the honor of laying before you the following occurrence. 

Mr. Martin Koszta, one of the Hungarian refugees, who was in Gov- 
ernor Kossuth's suite on leaving Turkey for the United States, arrived 
here a few months since from New York, on the afternoon of the 21st 
instant ; while he was seated on the marina he was seized by a band 
of armed men, without the concurrence of the local authority, and after 
having been treated in the most brutal manner, they threw him into the 
sea, where a boat was in waiting, and took him on board of an Austrian 
brig-of-war. This arbitrary act was done by the order of the Austrian 
consul. 

Several deputations called on me, stating that Koszta had an Ameri- 
can passport. I applied to the governor, informing him of the occur- 
rence, stating that if the man had really an American passport, he was 
entitled to the protection of the United States ; and under this supposi- 
tion I requested him to have Koszta delivered up to me. The gover- 
nor gave no definite reply, but intimated that he would refer the matter 
to Constantinople. This occurred on the night of the 21st. I continued 
my investigations to see if he really had an American passport, which 
I found not to be the case ; the only document he had being a legalized 
copy of a declaration he had made in New York, under date 31st July, 
1852, declaring his intention to become an American citizen. 

On the morning of the 22d, the United States corvette St. Louis 
came in sight, and I thought proper to await her arrival before taking 
any further steps ; and when she had come in, in the afternoon, I went 
on board and related the circumstance to Captain Ingraham, and, ac- 
companied by him, proceeded to the Austrian brig, and interrogated 
Koszta on what grounds he claimed American protection, and if he had 
a passport. He replied that he had none, and had only the declaration 
already referred to, which, of course, deprived us of all right of claim- 
ing his release. 

The European population is quite indignant at the conduct of the 
Austrian consul, and the emigrants are greatly agitated ; threats and im- 
precations were made against the officers of the consulate and the brig. 

Yesterday evening, two of the officers of the brig went to a coffee- 
house, and it is said they were warned of the rumors spread in town, 
in regard to the threats of the refugees. A short time after, several of 
the refugees entered the place and attacked them, both of whom were 
wounded, and one of them was found dead this morning. 

Then it is clear that Koszta is not an American citizen, but it is cer- 
tain he is a refugee, living in a foreign land, and has renounced all 
allegiance to the Emperor of Austria, and has declared on oath his in- 
tention of becoming a citizen of the United States. 

It is true that the refugees who left with the Mississippi were not, 
according to the convention betwixt Turkey and the European powers, 
to return here ; but Koszta's return, contrary to the convention, does 
not give Austria the right to act as she has done ; and all she had the 
right to do, was to demand from the Turkish authority his expulsion 



10 H. Doc. 91. 

from this country, and it was only Turkey who had the right of interfer- 
ing with him. 

The precarious state of the refugees residing here has been greatly 
increased by these doings, and I have considered it m}'^ duty to lay the 
case before you, (the other consuls have also written to their embassies 
on the same subject,) so that you may take those steps which you con- 
sider proper for the release of said Koszta, and for the future protec- 
tion of those other unfortunate exiles who are in this land. 

I have the honor to be, sir, your obedient servant, 

JOHN GRIFFITH, for the Consul. 

J. P. Brown, Esq., 

JJ. S. Charge d^ Affaires ad interim, Constantinople. 



B. 

Legation of the United States, Constantinople, 

June 27, 1S53. 

Sir : I have received your letter of the 24th instant, respecting the 
outrageous and inhuman conduct of the Austrian consul, of your city, 
towards the Hungarian refugee, Martin Koszta, who, though not pos- 
sessing the full rights of a citizen of the United l^tates, has, neverthe- 
less, by the oath of allegiance which he has taken to the government of 
the United States, claims upon your friendly aid and intercession. I 
have addressed a letter to the internuncio, in which, after expressing my 
opinion freely of the barbarous conduct of the consul, interceded for 
Martin Koszta's immediate release from the brig-of-war and return to 
the United States. 

I have to request that you will continue your officious intercession in 
behalf of Martin Koszta, both to the Austrian consul and the commander 
of the "Hussar." While I deplore the melancholy occurrence which 
resulted in the death of the young officer of the brig, I cannot but at- 
tribute it to the very inconsiderate and unaccountable conduct of the 
consul. I should have supposed that the neutral soil of the Sultan 
would have demanded more respect from the Austrian consul ; and 
though the victim, unfortunately, does not possess a passport of the 
United States, yet his declaration of allegiance to their government 
merits the regard of the American consulate, and your friendly sym- 
pathy. 

The act of the Austrian consul has, very naturally, excited the in- 
dignation of the inhabitants of Smyrna, as it has of every one here. 
The effect, everywhere, which it will make, will be most unfavorable 
to the Austrian government, and nowhere less than in the United 
States. 

No convention was made, as you apprehend, apparently, between 
the government of the United States and the Porte, that the refugees 
should not return here ; nor do I know of any between them and the 
Porte. 

I have the honor to be, &c., JOHN P. BROWN. 

Edward S. Offley, Esq., 

United States Consul, Smyrna. 



H. Doc. 91. 11 

c. 

Legation of the United States, Constantinople, 

June 27, 1853. 

I have the honor to address your excellency on the subject of a most 
unfortunate occurrence, which, I am informed by the consul of my 
government in Smyrna, took place there on the 23d instant, and which 
I very deeply deplore, inasmuch as it resulted in the death of a young 
officer of the Austrian navy, who has thus, most probably without in 
any manner having been the cause of the unwarranted attack made 
upon himself and his companions in Smyrna, been the victim of the 
most inconsiderate and unaccountable conduct of the Austrian consul 
of that city towards an individual named Martin Koszta. This person, 
at the present moment incarcerated on board the Austrian brig-of-war 
"Hussar," now at Smyrna, is, I believe, one of the Hungarian refu- 
gees, who had been detained at Kutahia. Together with others, he 
was permitted to leave this country in 1851, and he proceeded with 
them to the United States, where he took the preliminary steps to- 
wards becoming a citizen of the United States; that is, he made a 
formal renunciation of all allegiance to any other power or sovereign 
whatever, and took the usual oath of allegiance to the government of 
the United States. A few months since, Mr. Koszta came to Smyrna 
from New York with the design of again proceeding to the United 
States, [n the afternoon of the 21st instant, whilst seated on the ma- 
rina of Smyrna, he was suddenly set upon by some fifteen ruffian 
Greeks, all armed, said to have been employed for that purpose by the 
Austrian consul, and, after having been treated in the rnost brutal 
manner, was thrown into the sea, where a boat was in waiting to re- 
ceive and conduct him to the Austrian brig-of-war "Hussar." 

Mr. Koszta, on leaving the United States, received a legalized copy 
of the declaration which he had made there of allegiance to the gov- 
ernment of the United States, and which document, under ordinary 
circumstances, would recommend him to the friendly aid and conside- 
ration of American authorities. It cannot be conceived how this indi- 
vidual's temporary residence in the city of Smyrna could possibly ex- 
cite the animosity of the Austrian consul to such a degree as to cause 
him, at a moment when he evidently had no reason to apprehend such 
an outrage, to be conveyed, in an ignominious manner, on board an 
Austrian "vessel of war. It seems to me, rather, that in case his pre- 
sence there incommoded the Austrian consul, the latter, at the most, 
would have called upon the local authorities to require his departure, 
and not, by an act of so outrageous and inhuman a nature, excite the 
indignation of the inhabitants of Smyrna, as I do not doubt it wdl of 
the people of the United States. 

Permit me, therefore, to intercede with your excellency in behait of 
Mr. Koszta. and to ask, if not out of the respect due for the government 
of the Sultan, whose territory has been so grossly violated by the con- 
duct of the Austrian consul of Smyrna, at least out ot regard lor the 
government to which he has pledged his allegiance, that you be pleased 
to give orders to the commander of the "Hussar" for his unmediate 
release, so that he may proceed to the United States. 



12 H. Doc. 91. 

I avail myself of the present opportunity of offering to your excel- 
lency assurances of my highest respect and most distinguished consid- 
eration. 

JOHN P. BROWN. 

Mons. l'Internonce. 



I 



[TranslatioB.] 

BuYUKDERE, June 27, 1S53. . 

Monsieur le Charge d'affaires: By your communication of this 
day, you ask, monsieur le charge d'affaires, for the release of one Mar- 
tin Koszta, who was arrested by the consulate general of Austria at 
Smyrna, on the 22d instant. 

I can only attribute this intervention on your part, sir, to some mis- 
take, seeing that the individual in question is a native of Hungary, and 
that he has never ceased to be a subject of Austria, as it is proved by 
his declaration made in the presence of the consul of the United States 
estabhshed at Smyrna. His arrest, therefore, has been effected in virtue 
of treaties which secure to my government the full and complete inde- 
pendence of its jurisdiction over all its native subjects (nationaux) in 
Turkey. 

You will easily understand, therefore, monsieur le charge d'affaires, 
the utter impossibility in which 1 find myself to comply with the re- 
quest 3'ou have just expressed to me in your communication aforesaid. 

Please to accept, monsieur le charge d'affaires, the assurance of my 
most distinguished consideration. 

D. BRUCK. 

Mr. Brown, 

Charge d^ Affaires of the United States of America, ^'c. 



Mr. Brown to Mr. Marcy. 

[No. 42.] Legation of the U. S., Constantinople, 

July 5, 1853. 

Sir: I had the honor in my last despatch (No. 41,) June 28, to inform 
the department of the arrest of the Hungarian emigrant, Martin Koszta, 
by the Austrian consul of Smyrna, by means of a number of hired 
Greek ruffians, and of his incarceration on board an Austrian brig-of- 
war in the harbor of that place. I enclosed a copy of my letter on the 
subject to the Austrian internonce (minister) in betialf of Koszta, one of 
his reply, and one of my rejoinder to his excellency. 

I would now request leave to state that the news of this transaction 
reached here on the 26th ultimo, and on the morning of the 27th I sent 
my letter of that date to the internonce. I also wrote a letter of in- 
structions to the consul of the United States at Smyrna, of the same 
date, copy of which (No. 1) is here enclosed, requiring him to continue 



H. Doc. 91. 13 

to claim Koszta's release by the Austrians. On a subject of so much 
interest, I had hoped to have been favored with an early reply by the 
internonce ; but in this I was disappointed, and only received an answer 
in the evening of the 29th, pre-dated on the 27th of June. I had, how- 
ever, availed myself of the mail of the afternoon of the 28th, to write 
freely my opinion of the matter to Commander Ingraham, then at 
Smyrna, in the United States corvette St. Louis, (enclosure No. 2,) in 
which I stated that if I thought he would be governed by my instruc- 
tions, as acting representative of the United States, at this place, they 
would be to demand Koszta's release on the ground of his expatriation 
by Austria, and of his oath of allegiance to the government of the United 
States ; and, in case of a refusal, to take him out of the Austrian vessel. 

The silence of the internonce from the 27th to the 29th was evidently 
intentional, with the view of leaving me in doubt as to his decision on 
my intercession in behalf of the sufferer ; as he had, in the mean time, 
sent positive orders to the Austrian consul at Smyrna to have Koszta 
removed from the brig-of-war to an Austrian Lloyd's steam packet, 
which left here on the evening of the 27lh, so as to be conveyed at 
once to Trieste, there, doubtless, to meet the fate of so many others of 
the unfortunate Hungarians who took part in the struggle of 1848-49. 
The enclosure of my despatch No. 41, will have made the department 
acquainted with my answer to the internonce's refusal to accede to my 
intercession. I, at that period, did not possess a copy of Koszta's 
declaration of allegiance; but having its date, I filled one up with it, 
and sent it to the internonce. Another Hungarian emigrant to the 
United States, now under the protection of the legation at this place, 
is possessed of a similar document, with another from a pubhc notary 
of the State of New York, and a passport given him by the United 
States legation at London, stating, in French, " qui a declare son inten- 
tion de devenir citoyen des Etats Unis." That from the public notary 
of New York appeared to me to show, more distinctly, Koszta's right to 
the protection of all American authorities, especially to this third and 
neutral country, as an "affiliated citizen." I also communicated a copy 
of it to the internonce. Copies of these documents are herein enclosed, 
(Nos. 3 and 4.) 

To my letter to the internonce of the 29th I received no reply, his 
excellency, doubtless, believing that in conformance with the instruc- 
tions which he sent to Smyrna, Kostza had already been removed from 
the brig to the Austrian steamer, and sent to Trieste ; and that he might 
therefore be indifferent to my remonstrances. However, on the 3d of 
July, his excellency learned from Smyrna that his plan had been 
thwarted by Commander Ingraham, who having been made acquainted 
with the design of removing Koszta during the night, had placed the 
corvette under his command in such a position, between the brig and 
the steamer, as to render the removal of the prisoner difficult without 
his knowledge of the fact. This secret design was also in bad faith 
towards Consul Offley, whose report (No. 5) shows that the Austrian 
consul of Smyrna had agreed with him to defer any action in the pre- 
mises until the arrival of the next steamer from Constantinople, which 
would enable them to hear again on the subject from their respective 
legations. 



14 H. Doc. 91. 

The object of the next letter to me of the Austrian internonce, of the 
3d of July, was to complain against the hostile position assumed by 
Commander Ingraham against the secret removal of Mr. Koszta, and 
to induce me to cease all further intercession in his behalf. To cover 
his discourtesy and silence towards me from the 29th of June, he stated 
in his letter that he had written to me two letters, one on the 27th and 
another on the 30th of June ! As the assertion respecting the pretended 
letter of the 30th was certainly incorrect, (at least no letter of that date 
had reached me,) I replied to his excellency in atone of dissatisfaction 
with this course of procedure, by my letter enclosed (No. 6) of the same 
day (July 3 ) His excellency now sent me (soon after receiving mine) 
a letter enclosing one dated the 30th, purporting to be a duplicate of 
the one which he wished me to believe he had actually written, but 
which I had never received. 

On the 5th instant, the date of my present despatch, I received the 
reports of Consul Offley and Commander Ingraham, (Nos. 7 and 8,) in- 
forming me of their success in compelling the brutal consul of Austria 
at Smyrna to renounce the design of conveying his intended victim to 
Trieste, and of his having been delivered into the hands ol the French 
consul at Smyrna, in whose hospital he now remains. 

I have no doubt that Commander Ingraham warmly S3^mpathized 
with me in my desire to save, if possible, the life of Mr. Koszta ; yet 
I also apprehend, that had he not received my letter of the 2Sth, he 
would not have taken the decisive and firm steps which he did to effect 
it. By my letter of instructions (if indeed it can be so called,) he has 
been apparently governed ; and the responsibility of his conduct will, 
consequently, rest greatly with myself. If the course pursued in this 
matter should, unfortunately, not meet with your approbation, I natu- 
rally expect, and would respectfully and earnestly request, the depart- 
ment to permit it, with its consequences, whatever they may be, to re- 
main with me only. 

In conclusion, I would also respectfully represent that Mr. Martin 
Costa, or Kostza, is one of the refugees from Hungary in 1849 ; that 
after sustaining a painful detention at Kutahia until 1851, he was ex- 
pulsed anJ banished from Turkey, on the demand of Austria, and that 
thus, exiled and expatriated, he sought a new country and a new home 
in the United States. There he made a formal renunciation of all alle- 
giance to any other power or sovereign whatever, and took the usual 
oath of allegiance to the government of the United States. He re- 
mained there one year and eleven months, and then, for a temporary 
and private purpose, he embarked in an American merchant vessel for 
Smyrna, where he procured a tezkereh or Turkish passport, through the 
United States consul, to visit this place. When, after a short stay here, 
he was desirous of returning to Smyrna for the purpose of re-embark- 
ing in an American vessel Ibr New York, he received another similar 
Turkish passport from this legation. 

Under all ordinary circumstances, the declaration of his allegiance to 
my government, and his continuance in the design of becoming an 
American citizen, would recommend him to my aid and protection 
here. He could certainly appeal to no other official authority in this 
empire for the one or the other. From the Austrian authorities he 



H. Doc. 91. 15 

could only expect an ignominous death for the crime of devotion to his 
native country in 1848 — whose sad fate has called for no warmer sym- 
pathy anywhere, than among the friends of hbert}'' in my own country. 
Here some nationality is necessary to every foreigner. Mr. Koszta 
possessed none other than that which he had acquired by his allegiance 
to m}"^ country, and his residence at New York of nearly two years. 
Thus far, he had enjoyed the protection of my government through its 
consulate at Smyrna and legation at this capital, without any one hav- 
ing either denied his right to receive it, or theirs to give it to him. The 
brutal conduct of the Austrian consul at Smyrna, in employing a band 
of assassins to seize an unoffending man, and to have him conveyed in 
an ignominious manner on board of a vessel-of-war of his government, 
excited my indignation, as it did of every person here and in Smyrna — 
even of the Austrians. Once on board an Austrian brig-of-war, and 
loaded with fetters, he could look to no relief from his persecutors but 
in depth; unless the representatives of the country to which he had 
pledged his allegiance would continue to him the aid and protection 
\vhich he had enjoyed from it since his arrival in Turkey. 

I therefore believe, sir, that in the decision I took to save Mr.Koszta's 
life, if possible, I endeavored to do my duty to humanity and to my 
country, and that my conduct will consequently receive your approval. 
The peculiar position in which he was placed by his past history, the 
illegal form of his arrest, the violence used in his detention, the neutral 
soil of Turkey from on which he was seized, and his rights to my pro- 
tection, such as they were, form the basis of my action. I am confi- 
dent that the success of the means used by Commander Ingraham will 
be applauded by every one here, and tend to elevate the character of 
my country in this distant land, as well as to increase the usefulness of 
its legation, an object which I have always much at heart. 

I learn that it had been the design of the Austrian government to 
avail itself of the present embarrassed political position of the Porte 
to have as many of the Hungarian and Italian refugees as it could 
seize arrested, somewhat in the manner adopted against Koszta^, and 
sent to Trieste in the same brig-of-war in which he had been confined ; 
but that its ill success and public indignation excited by this first essay 
have arrested the whole procedure, and probably been the means of 
saving the lives of many other inoffensive individuals. In the view of 
serving the refugees at Smyrna and Constantinople, I called upon the 
British and French ambassadors, to invoke their benevolence in their 
favor. I may add that the Ottoman government does not admit that 
the Austrian government has the right of arresting political oflfenders in 
Turkey; nor that, by any treaty stipulations, it may arrest its own 
subjects by the means it used to seize upon Mr. Koszta. 

1 have the honor to enclose No. 9, copy of my instructions to the 
consul of the United States at Smyrna on this subject, and hope they 
will merit your approbation. 

I have the honor to be, sir, with great respect, your obedient servant, 

JOHN P. BROWN. 

Hon. William L. Marcy, 

Secretary of State of the United States. 



16 H. Doc. 91. 

A list of documents enclosed in despatch No. 42 from John P. Brown. 

No. 1. J. P. Brown to consul Offley, June 27, 1S53. 

No. 2. J. P. Brown to Commander Ingraham, June 28, 1853. 

Nos. 3 and 4. Documents of naturalization of Martin Koszta. 

No. 5. Consul Offley to John P. Brown, June 30, 1853. 

No. 6. J. P. Brown to Austrian internonce, July 3, 1853. J. P. 
Brown to Austrian internonce, June 29. Austrian internonce to J. 
P. Brown, July 3, 1853. J. P. Brown to Austrian internonce, July 4. 
United States consul at Smyrna to J. P. Brown, June 27, 1853. 

Nos. 7 and 8. Commander Ingraham to the minister resident, (ab- 
sent,) July 4, 1853, including his note to Austrian commander of the 
Hussar, of June 28, 1853 ; same to same, July 2, 1853 ; and reply of 
Austrian commander to Commander Ingraham, July 2, 1853. 

No. 9. J. P. Brown to consul Offley, July 1, 1853. 



John P. Brown to Ed. S. OJley, United States consul at Smyrna. 

June 27, 1853. 

Sir : I have received your fetter of the 24th instant, respecting the 
outrageous and inhuman conduct of the Austrian consul of your city 
towards the Hungarian refugee, Martin Koszta, who, though not pos- 
sessing the full rights of a citizen of the United States, has, by the oath 
of allegiance which he has taken to the government of the United States, 
nevertheless, claims upon your friendly aid and intercession. I have 
addressed a letter to the Austrian internonce, in which, after expressing 
my opinion freely of the barbarous conduct of the consul, I interceded 
for Mr. Koszta's immediate release from the brig, so that he may pro- 
ceed to the United States. 

I have to request that you will continue your officious intercession in 
behalf of Martin Koszta, both to the Austrian consul at Smyrna and 
the commander of the " Hussar." 

Whilst 1 deplore the melancholy occurrence which resulted in the . 
death of the young officer, I cannot but attribute it to the very incon- 
siderate and unaccountable conduct of the consul. I should have sup- 
posed that the neutral soil of the Sultan would have demanded more 
respect from the Austrian consulate ; and though its victim, unfor- 
tunately, does not possess a passport of the United States, yet his 
declaration of allegiance to their government merits the regard of the 
American consulate and your friendly sympathy. 

The act of the Austrian consul has, very naturally, excited the indig- 
nation of the inhabitants of Smyrna, and it has also that of every one 
here. The impression which it will make everywhere will be most 
unfavorable to the Austrian government, and certainly nowhere less so 
than in the United States. No convention was made, as you suppose, 
between the government of the United States and the Porte, that the 
refugees should not return here ; nor do I know of any between the 
Porte and them. 

I have the honor, &c., 

JOHN P. BROWN. 



H. Doc. 91. IT 

Legation of the United States, Pera, 

June 28, 1853. 

Dear Sir: I send you a copy of my letter to the Austrian inter- 
nuncio (minister) on the subject ot" the detention of Martin Koszta on 
board the Austrian brig- of-war "Hussar," which will serve to show 
my views of the transaction better than I could do in a note. The pub- 
lic here are quite as indignant at the brutal conduct of the Austrian 
consul as they were in Smyrna. Mussulman, Christian, and Jew exe- 
crate the conduct of the consul, and accuse him as the cause of the 
bloodshed which resulted from the brutal arrest and treatment of Koszta. 
The Porte would have been much pleased had you taken him from the 
Austrian brig, and I regret that it was not done on the ground that he 
had renounced all allegiance to the Austrian emperor, and taken an 
oath of allegiance to the government of the United States. He certainly 
is not an Austrian subject, and he certainly can claim no other allegiance 
to any other power than to that of the United States. It is not uncom- 
mon for persons having received official copies of their declaration oi 
allegiance to procure an Austrian passport stating this fact, in which 
all protection and satisfaction is assured them from American authorities. 
I believe that, under the circumstances, you have a right to persist in 
demanding him from the Austrian commander. The Porte would wish 
to leave the matter open between us and the Austrians, and if we could 
see the poor fellow carried off and hung, to lot us take the ignominy of 
the transaction on our own shoulders. If I thought you wosld be gov- 
erned by my instructions, they would be to demand him, in the most 
formal and positive language, of the Austrian commander, in my name, 
as representative of the United States ; and, after having him in 3'our 
possession, leave the matter to be adjusted between the two govern- 
ments. In case of a refusal to deliver him, founded on the pleas that he 
had renounced all allegiance to Austria, and that, having taken the oath 
of allegiance to the United States, he has a claim upon our protection, 
I would take him out of the vessel. Such a course will meet with the most 
profound applause from this government, and from every foreign lega- 
tion here, except that of Austria, and cannot but call for strong gratifi- 
cation on the part of our government and people at home. 

So abominable an act has excited here extreme abhorrence and exe- 
cration ; and all you have already done has elevated the character of our 
country and of our navy. 

I remain, dear sir, most Irulv vours, 

JOHN P. BROWN. 

Commander Ingraham, 

United States Corvette St. Louis. 

Be so good as to allow Mr. Oflley to peruse the present. I do not 
doubt but that he will support you in all you do. 

J. P. BPtOWN. 



My Dear Sir: I cordially approve of the measures of Mr. Brown in 
taking the exile Koszta per force, and do hope you will do so. So far 
2 



IS H. Doc. 91. 

as my humble power goes, I will defend it. He is not an Austrian 
subject; he has sworn allegiance to the United States. Sure, this is 
enough to demand our protection, no matter what he says. Don't let 
this chance slip to acquit yourself nobly and do honor to our country. 
The Turkish governor, as well as the Austrian consul, have been both 
disgraced and dismissed. The eyes of nations are upon the little " St. 
Louis " and her commander. For God's sake, and the sake of human- 
ity, sland for the right. 

Regards and friendship of yours ever, 

CALEB LYON, of Lyonsdale. 

Note by Captain Ingraham. — I send a copy of Mr. Brown's letter for 
fear of any mistake. 



1852. — State of New York. 
In the Court of Common Pleas for the city and. county of New YorJc. 

I, Martin Koszta, do declare, on oath, that it is honafde my intention 
to become a citizen of the United States, and to renounce forever all 
aUegiance and fidelity to any foreign prince, potentate. State or sover- 
eignty whatever, and particularly to the emperor of Austria, of whom 
I am a subject. 

MARTIN KOSZTA. 
Sworn this 31st day of July, 1852. 
George W. Riblet, Clerk. 



Cleric's ofice, Court of Common Pleas for the city and county of New York : 

I certify that the foregoing is a true copy of an original declaration 
of intention, remaining of record in my office. 

In witness whereof, I have hereunto signed my name and affixed the 

Tl s 1 ^^^^ °^ ^^^^ ^°"^^' ^^^^ ^^^^ ^^y ^^ J^^J' 1^^^' 

^ ' '-' GEORGE W. RIBLET, Clerk, 



United States of America, ) 

State of New York. 5 *** 

By this public instrument be it known, to all whom the same doth 
or may in anywise concern, that I, Joseph B. Nones, a public notary 
in and for the State of New York, by letters patent under the great 
seal of the State, duly commissioned and sworn, dweUing in the city of 
New York, do hereby certify that the persons named in the annexed 
paper appeared before me, and being duly sworn according to law, 



H. Doc. 91. 19 

each subscribed the declaration made by him, respectively, which I 

deem sufficient proof of the affiliated citizenship of the said , 

and I certify the annexed description of his person to be correct. 
I also certify the annexed affiliation paper from the State of New York 

to be genuine ; and the said having forever renounced all 

allegiance, except to the United States of America, and having con- 
formed to the requirements of the several acts of Congress in such case 
made and provided, and having received his affiliation certificate, is 
entitled to all the benefits and protection of an affiliated citizen of the 
United States of America, and I hereby request all whom it may con- 
cern to permit safely and freely to pass the said , and in 

case of need to give him all lawful aid and protection. 

In testimony whereof, I have subscribed my name, and caused my 

national seal of office to be hereunto affixed, the 28th day of 
[l. s.] July, in the year of our Lord one thousand eight hundred and 

fifty-two, in the 77th year of the Independence of these United 

States. 

T. B. NONES, 
Notary Public of the State of New York, 



United States Consulate, Smyrna, 

June 30, 1853. 

Sir : I had the honor to receive, this morning, your letter in answer 
to mine of the 24th instant, referring to the arbitrary seizure of Martin 
Koszta, the Hungarian refugee ; and since writing my above letter, I 
have been informed that he was not on board of the Mississippi with 
Kossuth, but that he formed one of his suite at Kutahia, and left Turkey 
by the English steamer. 

I beg to enclose herewith a copy of the declaration made by Koszta 
in July, 1852, in the United States, stating his intention to become a 
citizen of the United States. 

According to your instructions, I have again had an interview with 
the Austrian consul, and I used my best endeavors to effect Koszta's 
release, but I am sorry to state that they have been unavailing. The 
Austrian consul told me that he is acting under the orders of the inter- 
nuncio, and that by the Trieste boat he received positive orders to send 
Koszta to Austria, and that he intended to send him yesterday in her. 
I told him that you had applied to the internuncio for Koszta's release, 
and that possibly by next week's boat he might receive contrary orders 
from Constantinople. After much opposition on the part of the Aus- 
trian consul to wait for any further instructions, he consented that 
Koszta should not be sent away until Saturday, when the boat from 
your place will come in. 

I trust that your interference with the internuncio may have induced 
him to give contrary orders to the Austrian consul of this place, and 
that they will reach here by Saturday's boat. 

There is a report in town that an Austrian steamer of war is coming 
here from Constantinople, with a commissioner from the Sublime Porte, 



m H. Doc. 91. 

to take away the refugees that are in this place, many of whom' are 
not even Austrian subjects. 

On the evening of the day before yesterday, Captain Ingraham, com- 
manding the St. Louis, received a letter stating that Koszta was to 
have been sent on board the Austrian steamer on the following morn- 
ing, (at day-break,) that was to leave that day for Trieste, requesting 
his interference to hinder this act. Captain Ingraham addressed a 
letter to the commander of the Austrian brig, in behalf of Koszta, re- 
questing that he should not be sent on board of the steamer until I should 
hear from the legation at Constantinople. The Austrian commander re- 
plied verbally that he did not know that the man was to be sent off. 
The next morning Captain Ingraham received a note from the captain of 
the brig, saying that he had nothing to do with Koszta, and that the 
question regarding him was in the hands of the Austrian consul general. 
Previous to the receipt of the note, the corvette had moved from the 
lower part of the bay near to the brig and mail steamer. 
I have the honor to be, sir, your obedient, 

E. S. OFFLEY. 

J. P. Brown, Esq., 

U. S. Charge d' Affaires ad interim, Constantinople. 



United States Consulate, Smyrna, 

Ju7ie 27, 1853. 

Sir: On the 23d instant I had the honor of laying before you the 
occurrence that lately took place in this city in regard to the Hungarian 
refugee, Martin Koszta, of the steps I had taken in his behalf, and of 
the murder of an Austrian officer by the refugees, acting under the 
excitement of the arrest above referred to. 

His highness applied to me, on the 25th instant, through his drago- 
man, requesting that I should arrest Ferdinando Baschish, a Hunga- 
rian reliigee, holding a passport given by your legation; and that he, 
and the other refugees under this protection, should be sent to the local 
authorities to be examined by them in regard to the murder that had 
been committed; the dragoman also informed me that F. Baschish is 
the servant of the British chaplain of this place. In compliance to the 
governor's request, I immediately sent Mr. Griffith to effect the arrest 
as requested, and on going Jo the house he found the man there, who 
left the room to dress himself in order to go with Mr. G.; and, on the 
latter finding that he delayed to return, he was told that the man had 
disappeared, of which circumstance he informed the governor's drago- 
man, who replied that the man had not left the house, as he had placed 
policemen to guard it; and Mr. G. then authorized the dragoman to 
seize Baschish wherever he might be found. 

I now beg you to inform me, if any refugees holding Ameiican pass- 
ports should be seized by the local authorities to be put undt r trial for 
ihe murder of the Austrian officer, what am I to do in the case ; am I 
to give them up to the Turkish authorities, or am I to protect them ? 

In an interview I had with the governor, accompanied by Captain 
Ingraham, I am inclined to believe that it is his opinion that the refu- 



H. Doc. 91. 21 

gees who have no consular protection will be given up to the Austrian 
consul. I lay this circumstance before you, in the certainty that you 
will use your influence in order that this act maybe hindered. Among 
the refugees there are many upright and good men, who have behaved 
in the most exemplary manner since their arrival here. There are also 
many who are not Austrian subjects, and who were, until lately, under 
the protection of the Sardinian and other consulates, but who have 
been abandoned, under these circumstances, when they are more in 
need of protection than ever. 

I would take the liberty of suggesting that, in case the local authori- 
ties should put the refugees to a trial, it would be well to use your 
influence conjointly with the English and French ambassadors, in order 
that it may be carried on impartially, and in the presence of a drago- 
man of each of those powers, so that justice may be done them. 

I have the honor to be, respectfully, yours, 

E. S. OFFLEY. 

J. P. Brown, Esq., 

U. S. Charge d^ Affaires ad interim, Constantinople. 



[Translation.] 

Smyrna, July 2, 1853. 
The undersigned, the consul general of Austria, and the Consul of 
the United States, beg the consul general of his Majesty the emperor of 
the French to receive in deposite, in his prisons, the so-named Martin 
Koszta, (Martin Costa,) detained on board the Austrian brig-of-war 
"Hussar," whose nationality, and consequently the relations of protec- 
tion, are being discussed between the respective embassies in Constan- 
tinople, as well as between the consulates at Smyrna. 

They beg the consul general to take charge of this deposite on the 
following conditions : 

The individual aforesaid shall be consigned, in the course of this day, 
and as soon as possible, to a detachment of soldiers belonging to the 
Austrian brig, who will conduct him to the landing of the French hos- 
pital, where he shall be delivered into the hands of the consul general 
of France, or of the person whom the latter may depute to receive him. 
The prisoner shall not be at liberty to communicate with any one out- 
side, with the exception of the undersigned consuls ; and in the hospital 
he shall be especially intrusted to one person, whom the consul general 
of France shall designate. The costs lor the board and maintenance of 
the prisoner, which the undersigned leave entirely to the discretion of 
the consul general of France to determine, shall be discharged by the 
undersigned consul general of Austria. 

It is expressly understood that the consul general of France is not to 
dehver up the prisoner, Martin Koszta, (Martin Costa,) except upon the 
requisition of both the undersigned. 
^ E. S. OFFLEY, 

Consul of the United States. 
VECK BECKER, 
Consul General of Austria. 
Correct copy: E. S. Offley. 



22 H. Doc. 91. 

Legation OF the United States of America, 

Constantinople^ June 29, 1853. 

Monsieur l'Internonce : I have just received the letter which you 
were pleased to write me, under date of the 27th of this month, on the 
subject of the individual named Martin Koszta, arrested at Smyrna, on 
the 21st instant, by the Austrian consul. 

I am readily convinced, sir, that the means adopted by the Austrian 
consul to effect the arrest of the said individual could not merit your 
approbation ; and, also, I do not feel myself at all called upon to 
express an opinion upon the right which you mention as possessed by 
your government over all of its own subjects in Turkey. 

I cannot, however, deny myself the honor of once more addressing 
your excellency for the purpose of renewing the official intercession 
which I have already felt it my duty to make in behalf of this person ; 
and, so as to enable your excellency to better appreciate the basis of 
my request, I have the honor to hand you, enclosed, the declaration 
which Mr. Koszta made at New York, on the 31st of July, 1S52, "re- 
nouncing his allegiance to the emperor of Austria," and taking an oath 
of allegiance to the government of the United States of America. 

The right of expatriation and of naturalization is recognised, I believe, 
by the government of Austria, as well as by other governments ; and it 
seems to me that the arrest (without here referring to the means which 
the Austrian consul of Smyrna used to effect it) of the said Koszta, upon 
the neutral soil of Turkey, after the act of allegiance made by him, 
will be regarded by the government of the United States as being, not 
only a painful violation of these same rights of naturalization, but also, 
in consequence of my intercession, as a want of respect and regard 
towards my government, of which the impression will be removed with 
difficulty. I would not leave your excellency ignorant of the preceding 
facts; but rather, by communicating them to you, relieve myself from 
the responsibility which the arrest of Koszta, and the consequences 
which may grow out of it, may have in the minds of my government 
and countrymen. 

It was on presenting this declaration of allegiance to the consulate 
of the United States of America at Smyrna, and to this legation, that 
the said Koszta was furnished with a teskereh* to come to Constantinople, 
and to return to Smyrna, whence he was to start to New York. Since 
his arrival in Turkey he has resided under the protection of my gov- 
ernment, and it is a pleasure to me to be able to state that his conduct 
has alvyays been irreproachable. His fidelity to his native land — the 
only crime of which he is accused — leads him to declare himself always 
a Hungarian, and to state that he wishes even to meet his end as such. 
_ Your excellency will pardon me for thus renewing my intercession in 
his favor. I beg your excellency to be pleased to have him delivered 
over to the local authorities of Sm3Tna, to be sent again to the United 
States. 

This act will be learned by the President of the United States, 1 am 
confident, with satisfaction, and prevent the painful and extraordinary 

* Teskereh, or permit, procured by the legation and consulates from the local authorities 
for all American travellers in Turkey. 



H. Doc. 91. as^ 

news of his arrest becoming again the cause of the interruption of those 
friendly feelings between our respective countries, which I sincerely 
have it at heart to reconcile and to cultivate. 
Accept, &c. 

JOHN P. BROWN. 
His Excellency Baron de Bruck, 

Envoy and Internonce of H. L M. the Emperor of Austria. 



[Trauslatioa.] 

BuYUKDERE, July 3, 1853. 

Monsieur le Charge d'affaires : I have just this moment received 
• advices from the consul general of Austria at Smyrna, informing me 
that the commander of the American sloop-of-war "St. Louis" did, on 
the 29th of June, assume a hostile attitude towards the Austrian brig 
"Hussar," placing himself alongside of that vessel, and causing his 
guns to be loaded. This demonstration was preceded by a letter, a 
copy of which is herewith enclosed, which the commander of the Amer- 
ican vessel addressed on the 2Sth of June to the commander of the Aus- 
trian brig. That letter states that said American commander considers 
himself justified in preventing the departure of Martin Koszta, who was 
arrested on board the "Hussar," until an srder shall have arrived from 
the United States legation at Constantinople, seeing that Koszta is in 
possession of a paper setting forth his intention to become a citizen of 
the United States, and that Koszta had passed some time in America. 

It would be diflficult to justify, by this circumstance, the proceedings 
above mentioned, seeing that it does not in any way prove that Koszta 
had ever acquired naturalization in America. Consequently it follows 
that he has never ceased to be a subject of Austria, and any attempt 
to withdraw him by forcible means from the jurisdiction of the imperial 
authorities, could not be considered in any other light than as an out- 
rage against the principles of the law of nations. Having already had 
the honor. Monsieur le Charge d' Affaires, of giving you every explana- 
tion concerning Martin Koszta, in my letters of the 27th and 3Uth of 
June, [ have only to beg that you will, without delay, order the captain 
of the sloop-of-war "St. Louis" to abstain from any further interference 
in this matter, and thus to put an end to an aggression which is as inex- 
plicable as it is unlawful. 

I entreat you, at the same time, to inform me, as soon as possible, of 
the course you may have been pleased to pursue, in view of my present 
action, in order that I may, in my turn, apprize the consul general of 
Austria, at Smyrna, in relation thereto. 

Please to accept. Monsieur le Charge d' Affaires, the assurance of 
my most distinguished consideration. 

V. BRUCK. 



24 H. Doc. 91. 

United States Ship St. Louis, 

Smyrna Roads, evening, June 28, 1853. 
Sir : I have this moment received a letter stating that M. Koszta was 
to be sent on board the steamer to-morrow at daylight, to be sent to 
Trieste. I have been only waiting to hear from the minister at Con- 
stantinople, before I took some action in the case of Koszta, as he has 
a paper stating his intention of becoming a citizen of the United States. 
He came here in an American vessel, and has been some time in the 
United States. 

I earnestly protest against his leaving this port before something has 
been heard from Constantinople. 

Respectfully, your obedient servant, 

INGRAHAM, Commander. 
To the Commander of the Austrian brig ^^ Hussar ^ 



Legation of the United States of America, 

Constantinople, July 3, 1853. 

Monsieur l'Internonce : I have just received the letter which you 
were so good as to write me of this date, in which you state that you 
have addressed me two letters (of the 27th and 30th of June) on the sub- 
ject of my remonstrances against the barbarous conduct of the Austrian 
consul at Smyrna on the person of the individual named Martin Koszta, 
an affihated citizen of the United States, whose formal declaration I 
had the honor, on the 29th of the past month, to communicate to you, 
"renouncing his allegiance to the emperor of Austria," and comprising 
his oath of allegiance to the government of the United States of America 
on the 31st of July, 1852, This act of arrest, also, took place on the 
neutral soil of Turkey, where this person possessed the protection both 
of my government and of that of his imperial Majesty the Sultan. 

Although your excellency is so good as to tell me that j'ou have 
written me an answer to my aforesaid remonstrances of the 29th of the 
past month, I have not received any, which silence on j^our part I can 
only regard as a want of respect towards me. When I shall have re- 
ceived it, (your excellency says it was written on the 30th,) I shall be 
better able to reply to your note of to-day. 

I beg your excellency to accept the assurances of my very distin- 
guished consideration. 

JOHN P. BROWN. 

P. S. — In the view of giving your excellency still another document, 
showing the rights of M. Koszta to the protection of the authorities of 
the government of the United States in Turkey, I embrace this occasion 
to present the enclosed. 

J. P. B. 



H. Doc. 91. 25 

[Tramlation.] 

BUYUKDERE, Julij 4, 1853. 

Monsieur le Charge d'affaires : I learn with regret, from your 
letters of yesterday, that my communication of the 30th of June has, 
fi-om some cause of which I am ignorant, failed to reach you. 

I have this moment despatched a clerk of the legation to the city, in 
order to have the matter explained ; and I hasten, in the meanwhile, 
to send you, herewith enclosed, a copy of my note aforesaid. 

Accept, Monsieur le Charge d' Affaires, the assurance of my most 
distinguished consideration. 

V. BRUCK. 

To Mr. J. P. Brown, 

Charge d* Affaires of the United States of America. 



[Translation.] 

Buyukdere, June 30, 1853. 

Monsieur le Charge d'affaires : I have had the honor to receive 
your communication, in which, sir, you renew your request for the re- 
lease ot the individual Martin Koszta, basing your apphcation upon 
the circumstance, that, previously to his departure for Turkey, he had 
sought to perform in New York the necessary formalities, in order to 
be received as a citizen of the United States. 

The explanations you have kindly furnished me with on this subject, 
and for which, sir, I cannot but thank you, cannot, however, produce 
any change in the measures that have been taken in regard to said in- 
dividual, whom it is impossible for me to consider, under any circum- 
stances, as belonging to a foreign jurisdiction, inasmuch as the ties 
which bind him to Austria have not been legally dissolved. 

Referring, therefore, to my reply of the day before yesterday, con- 
cerning the arrest of Martin Koszta, who will be immediately conveyed 
to Austria, I think it my duty to remark to you, Monsieur le Charge 
d' Affaires, in case you should intend to continue your applications in 
his behalf, that any overtures to that effect would be entirely useless, 
unless directly addressed to the imperial cabinet by the representative 
of your government at Vienna. I think, moreover, I can assure you, 
sir, that the individual in question will find his surest guaranty of a just 
and indulgent treatment in the wisdom and foresight of Austrian law, 
and especially in the clemency and magnanimity of my august sove- 
reign. 

Please to accept, Monsieur le Charge d' Affaires, the assurance of 
mv most distinguished consideration. 

^ ^ V. BRUCK. 



26 H. Doc. 91. 

United States Consulate, Smyrna, 

July 4, 1853. 

Sir : I have the honor to acknowledge the receipt of your two letters, 
under date 30th ultimo, enclosing one for Commander Ingraham, and 
your correspondence with the Austrian internuncio, in reference to the 
refugee, Mr. Martin Koszta, as well as your letter to the honorable 
Secretary of State, which, according to your instructions, I have opened 
and perused, and shall forward by the first French mail that leaves 
here for the United States, all of which were handed me early on the 
morning of the 2d instant by Mr. Alex, the capon oglan of the legation. 
On receipt of said letters I immediately went on board of the St. Louis, 
and gave Commander Ingraham your letter, and read him all your 
correspondence on this matter, and we agreed that he should go on 
board of the "Hussar" to have another interview with Koszta. 

On Captain Ingraham's return from the brig, he told me that when 
on board the brig he had demanded Koszta's release, and had given the 
captain three hours' delay for the release aforementioned, (till 11a. m.) 

As I thought that this delay was not sufficient to do the needful under 
the circumstances, I suggested to Commander Ingraham the propriety 
of extending it till 4 p. m., in the hope that I might come to some satis- 
factory conclusion with the Austrian consul, so as to avoid the effusion 
of blood, and in order to avoid all the consequences that might have 
ensued if his release had been effected by force. Captain Ingraham 
agreed to my suggestions, and wrote a letter to the captain of the brig 
(enclosed copy A,) demanding Koszta's release by 4 p. m. I then went 
to the Austrian consul, and took with me a copy of Captain Ingraham's 
letter to the Austrian commander, and used all my efforts in order that 
Commander Ingraham's demand should be complied with. After a 
very long debate, in which the Austrian consul most positively persisted 
in refusing to give him up, I then explained to him the consequences that 
would no doubt ensue, should he persist in his refusal ; and he then 
offered to make an agreement with me that Coszta should not be sent 
away "for a week, a mqtnth, or even a j'-ear," until the question should 
be settled by the legation and embassy at Constantinople. I then took 
this opening to effect a negotiation wiih him ; and after many difficul- 
ties he agreed to enter into a convention with me, (copy of which I 
herein enclose sub) wherein it is stipulated that Koszta is to be delivered 
to the French consul, to be kept by him until a collective demand should 
be made by us two for his release. 

Captain Ingraham having approved of the conditions stipulated be- 
twixt the Austrian consul and myself, Koszta was on the afternoon of 
the same day sent ashore. I need hardly say that the excitement in 
town was very great. An immense concourse of people were present 
on his landing, and v'lve VAmerique, and her gallant officers who saved 
Koszta from Austrian barbarity, was in the mouths of all present, and 
the heartfelt thanks of all the European population have been given to 
our country on this occasion. 

It is flirtunate for Koszta that hrce was not used for his release, as it 
is very probable that he would have been shot by the Austrians on the 
first attack that might have been made on the brig. Besides the brig, 



H. Doc. 91. 27 

the Austrians had a schooner of war, and three of Lloyd's steamers 
were in port. 

Yesterday I received your letter of the 1st instant, and I sent my 
dragoman this morning to Chekib Eflendi, the commissioner sent by the 
Porte to inform him of my desire, and that of Captain Ingraham, for 
seeing him, and to request him to appoint an hour for that purpose. 
He informed me in reply that he regretted he would not be able to see 
us to-day, or to-morrow, as the steamer in which he came will leave 
to-morrow for Constantinople, and he is extremely busy fot her depart- 
ure. I have heard, however, that the Austrian consul has had an in- 
terview with him, and that the French consul has been refused an 
interview under the same plea that he has made to me. 

I feel certain, now that Koszta is out of the clutches of Austria, that 
he will not again fall into her hands. 

The indignation of every one here (Turks not omitted) has been 
aroused against "Ali Mead Effendi," to whom the arrest of Koszta and 
all the persecutions that have taken place against the refugees are at- 
tributed. I have no doubt that you have continued your efforts with 
the English and French ambassadors in order that the position of the 
unfortunate refugees may be ameliorated. 

Captain Ingraham thinks of leaving soon to join the commodore, to 
report the whole transaction. Under the circumstances it would be 
well that the sloop Levant, if at Constantinople, should be sent down 
here until the present difficulties are settled. 

I remain, sir, in haste, your very obedient servant, 

E. S. OFFLEY. 

J. P. Brown, Esq., 

United States C/iargk d'' Affaires, Constantinople. 



United States Ship St. Louis, 

Smyrna Roads, evening, June 2S, 1853. 

Sir : I have this moment received a letter stating that Martin Koszta 
was to be sent on board the steamer to-morrow, at daylight, to be sent to 
Trieste. I have been only waiting to hear from the minister at Con- 
stantinople before I took some action in the case of Koszta. As he has 
a paper stating his intention of becoming a citizen of the United States, 
I earnestly protest against his leaving this port before something has 
been heard from Constantinople. 

Very respectfully, your obedient servant, 

D. M. INGRAHAM, 

Commander. 
To the Commander of the Austrian brig " Hussar.^^ 



United States Ship St. Louis, 
^ Smyrna, July 2, 1853. 

fl Sir: I have been directed by the American charge at Constantinople 
to demand the person of Martin Koszta, a citizen of the United States 



28 H. Doc. 91. 

taken by force on Turkish soil, and now confined on board the brig 
"Hussar ;" and if a refusal is given, to take him by force. 

An answer to this demand must be returned by 4 o'clock p. m. 
Very respectfully, your obedient servant, 

D. M. INGRAHAM, 

Commander. 
To the Commander of the Austrian brig " Hussar. ^^ 



[Translation.] 

H. M. Brig Hussar, 

Smyrna, My 2, 1853. 
As I have the honor to refer to my letter of the 26th instant, in 
which I stated to you that I altogether depend from (upon) the consul 
general concerning the matter respecting the prisoner Martin Koszta, 
I shall send to him your letter of this day, and I shall state to him to 
come to an understanding with you himself. 

In case of any violence against his Majesty's brig "Hussar," or 
schooner Artinisia, I must protest, and I should! consider it again as a 
hostile step, for which I would hold you responsible altogether. 

SCHWARZ. 
To the Commander of the U. S. ship St. Louis, 



United States Ship St. Louis, 

Smyrna, July 4, 1S53. 
Sir : Upon the receipt of Mr. Brown's letter of the 28th of June, 
brought down by the capon oglan of the legation, I requested from the 
commander of the brig " Hussar" another interview with Martin Koszta, 
which was granted. I asked Koszta how long he had been in the 
United States. He told'me one year and eleven months. I then asked 
him if he had intended to settle in the United States ; he answered 
"yes." I then said, " Do you demand the protection of the American 
flag?" He told me he did. He seemed much better at this interview 
than at the last. I was astonished to see by Mr. Brown's letter that 
Koszta declared himself on our first interview a Hungarian. I did not 
hear him say so. I now demanded his release from the Austrian com- 
mander as a citizen of the United States, by 4 o'clock p. m., (this was 
at 8 a. m.) or I should use force to take him out ; and this was by direc- 
tion of the acting charge d'affaires of the United States at the Porte. 
He replied he had nothing to do with the prisoner, Mr. Koszta — I must 
settle that with the consul of Austria ; but protested against any violence 
towards the brig and schooner, and would hold me responsible. He 
immediately hoisted sail and beat about the harbor. Mr. Offley, the 
United States consul, waited upon the Austrian consul, and they had a 
long and pretty hostile talk. The Austrian consul, by 11 o'clock a. m., 



H. Doc. 91. 29 

agreed to deliver Koszta into the hands of the French consul, to be held 
by him subject to the joint order of the consuls of the United States and 
Austria, and not to be delivered without both signatures. I thought it 
best to agree to this, as once out of the brig he would be safe. And 
now, you gentlemen of the pen must uphold my act, as it was done in 
accordance with Mr. Brown's instructions, backed by Mr. Lyon's ad- 
vice. Although not binding upon me, I felt I should respect their 
opinions. 

The whole town was in a ferment, and Koszta was received at the 
wharf with three cheers. I know I have taken a very heavy respon- 
sibility ; but as they had more guns than I had, (26,) although mine 
were larger, and three steamers to help them, they will not like to own 
it was fear that made them deliver up Kostza; so we must suppose it 
was a sense of returning justice. I shall sail soon to report to the com- 
modore. I again hope you will back me in this affair. 

Mr. Brown will show you the letter he wrote me. I enclose the an- 
swer of the captain of the brig. All the rest of the correspondence Mr. 
Offley will send you by the capon oglan. 

I told Mr. Offley I hoped he would never sign for the delivery of 
Koszta until he could hear from the United States. In that case he will 
be safe, for every day will strengthen the sympathy felt for him. I 
suppose the internonce will make a terrible complaint against me to our 
government ; but as they chose to yield, and I did not do what I threat- 
ened, I think they had better keep silent. 

The French consul, I think, approves my course, although he does 
not say much. Some of the others shake their heads. I have written 
a much longer letter than I intended, as you will have everything from 
Mr. Offley." The Austrian consul, to show his spite to the last, did a 
thing we never could have supposed possible — landed Koszta in chains. 
The French consul, however, had them removed immediately. 
Respectfully yours, 

D. INGRAHAM, Commander. 

Geo. p. Marsh, Esq., 

U. S. minister near the Ottoman Porte. 

July 4.— The Austrian vessels of war have hoisted the American 

flag in honor of the day. 

^ D. I. 

I should like an answer immediately, as I feel anxious to hear what 
you think of my course in this business. 



Legation of the United States of America, 

Constantinople, Juhj 1, 1S53. 

Sir: I was yesterday prevented liora replyiag to your despatches of 
the 27th, by an erroneous impression which 1 had of the hour ot depart- 
ure of ihe steamer. 1 believe, also, thai 1 dated my letters to you the 
29th, when they should have been datd the 30th. As I confided them 



to H. Doc. 91. 

to Alexan, the capon oglan of the legation, for safe dehvery, I trust you 
will receive them. 

On looking over the list of passports given by the legation, I find one 
dated the 24th January, 1S51, to " Baschish" for America, which was 
vized the 25th of the same month. I presume that this is the person to 
whom you allude as "the servant of the British chaplain," and who 
has been demanded by the local authority of Smyrna, as suspected of 
having been implicated in the murder of the Austrian officer. 

If an American citizen were accused of a crime committed on another 
foreigner, it would, according to the act of Congress of August 11, 1848, 
be clearly your duty to try him yourself, and not to permit him to ap- 
pear before the local authorities ; yet, on accusation of a crime against 
an Ottoman subject, the authorities would, I believe, from what is prac- 
tised here, have a right to claim his trial. You will perceive that I 
have interceded in behalf of Martin Koszta, on the ground of his ex- 
patriation, and act of allegiance to the United States, and the circum- 
stance of his being in the territory of a third government. 

I apprehend that I could not expect that an official intercession for 
him (Baschish) on my part could be approved by the President, as he 
is onl}'' possessed of a passport given him by this legation, for the pur- 
pose of departure to the United States. The protection possessed by 
Baschish is, at most, but a nominal and temporary one, and may be, 
disputed, with reason, by the Austrian consul, in case he is, or has been, 
an Austrian subject. 

I would not, however, recommend you to cast him off, or withdraw, 
entirely, your protection or interest in him. Humanity forbids it, espe- 
cially if you have reason to believe him innocent of the accusation im- 
puted to him. You may, however, allow him to be judged by the 
local authority, and use the matter of the passport as a reason for being 
present, or represented at the court. 

Under the present circumstances, it would not be adviss.bJe to refuse 
your protection to any individuals who may be now in Smyrna with 
passports given them in foreign countries. I believe that their pass- 
ports will be respected by the Austrian consulate, and by the local 
authorities. 

The position of those Tuscans and Hungarians who possess no pass- 
ports is more critical, and your official protection cannot securely be 
acceded to them. In the view of benefitting them, I called on the 29th 
on Lord S. de Redcliffe and Mons. De la Cour, and interested them in 
iheir condition. These two ambassadors promised me to act together 
in their behalf, and to speak with the iniernonce on the subject. The 
Sardinian minister is also, I believe, warmly interested in their favor. 
His excellency Rechid Pacha informed me, on the 29th, that all Tus- 
cans, without other protection, (passports,) would be given up, on de- 
mand, to the Austrian consul. Chekib Effendi, a person of high rank 
and much experience, but who, I suspect, is rather of the temporizing 
party, goes to Smyrna as comnnssioner on this matter. 

Later. — I have been invited to a conference with Chekib Effendi, and 
we discussed the affair at length. He asserts that the Austrian govern- 
ment does not possess the power by treaty to arrest any one on Otto- 



H. Doc. 91. 31 

man soil for political offences. He says that Koszta must be returned 
to the local authorities of Smyrna, which, if he be really an inconve- 
nience to Austria, will expel him from Turkey. I discussed with him 
the matter of expatriation and naturalization, with which he is well ac- 
quainted, and he says that Koszta is expatriated, and so far naturalized 
that no Austrian functionary has any right to arrest him on the neutral 
soil of Turkey. He will, therefore, I beUeve, demand tliis of the Aus- 
trians at Smyrna, and I suppose his opinions are based upon his instruc- 
tions. This agrees wholly with the opinion of Lord Stratford. 

The opinion everywhere is, that Captain Ingraham has the Austriari 
brig under his guns, and will not permit it to leave Smyrna until the 
question is settled. I need not say that the opinion here is warmly 
in our favor; the conduct of the Austrian consul is so despicable that 
there is a profound sense of indignation here and everywhere against 
him. All the Turks, even the Persian charge d'affaires, say that the 
" Yenghi Duny'd " (new world) is not to be so trifled with. 

I have no reply to my second letter to the internonce as yet. I have 
sent a copy of my first to him, his answer, and my rejoinder to the 
same, with the declaration which M. Koszta made in New York, filled 
up with the date you gave me and his name, to H. H. Rechib Pacha. 

I am in hopes the internonce will be staggered by the " declara- 
tion " and my argument, though the Austrians will with reluctance 
relinquish their victim. I have heard that he neither eats nor drinks, lest 
he be poisoned, and that to all interrogations he exclaims, " I am a 
Hungarian !" Also, that the Austrians have offered to free him if he 
will leave the country ; but I doubt it. 

The cause of humanity is so much concerned in the fate of Koszta, 
and the Hungarians generally, that I hope the Porte will follow good 
advice and maintain its rights. I am sure you will enter into my feel- 
ings in the matter, and effect them, if practicable. Please allow Cap- 
tain Ingraham to peruse this. I trust he will find it convenient to 
spend some days m Smyrna until this matter is settled. I had hoped 
the pleasure of seeing him here. I would recommend you and him to 
call at once upon H. E. Chekib Effendi, who is a man of much good 
sense and firmness. He has asked me to support him among the for- 
eign legations here, which I shall do, if he does what is right. Ali 
Pacha has been recalled to appease the internonce, on the ground that 
he did not send away all the refugees, and that his negligence caused 
the death of the Austrian officer. 

I have the honor to be, &c., 

J. P. BROWN. 

E. S. Offley, Esq., 

United States Consul, Smyrna. 



32 H. Doc. 91. 

Mr. Marsh to Mr. Marcy. 

[No. 43.] Legation of the United States, Constantinople, 

July 7, 1853. 

Sir : As I have already advised you, by my despatch of the 6th 
instant, I arrived here in the corvette Levant, on the 5th of the present 
month. On the same day the legation received letters from Mr. Consul 
Offley, of Smyrna, and Captain Ingraham, of the St. Louis, reporting 
the steps taken by them to procure the release of Koszta, and an- 
nouncing the surrender of that individual by the Austrian authorities, 
upon certain conditions ; which ^ as well as the other documents belong- 
ing to the case, accompany Mr. Brown's despatch of the 5th instant. 

As all these events took place without my knowledge, and while I 
was absent under special instructions from the State Department, it 
does not, perhaps, belong to me to express any opinion in reference 
to them. At the same time, the importance of the principles involved 
in the case, and the magnitude of the consequences which may flow 
from it, will, I hope, be thought sufficient to justify me in submitting 
some observations in support of the course taken by Mr. Brown and by 
Captain Ingraham ; and the rather because my official experience at 
Constantinople has rendered me somewhat familiar with the anomalous 
local laws and political relations by which the right of the case must, 
in a great measure, be determined. 
^ The facts, briefly summed up, are these: Koszta is a native of Hun- 
■^ gary, and by birth a subject of the emperor of Austria. He was con- 
cerned in the political disturbances of 1848-'49 ; and in the latter 
year, crossed the Turkish frontier in company with Kossuth and other 
Hungarian insurgents. After a detention of several months at Shumla, 
he was transported to Kutahia, in Asia Minor, and thence sent by the 
Turkish government to England, whence he emigrated to the United 
States. 

It is notorious that soon after the entrance of these persons into the 
Turkish territory, the Austrian government had demanded their extra- 
dition, as criminals, under alleged treaty stipulations ; that failing in 
this, it at various times, before their transportation to England, asked 
their expulsion from the Turkish territory ; that it has repeatedly de- 
clared them banished, proscribed, and expatriated ; and that it has, at 
all times, refused them protection as Austrian subjects. 
y Under these circumstances, Koszta emigrated to the United States, 
and immediately declared, in due Ibrm, before a court of competent 
jurisdiction, his intention of renouncing allegiance to the emperor of 
Austria, and becoming a ci iz n of the United States. Alter a resi- 
dence of two years in America, he came to Smyrna for objects, as is 
believed, strictly personal and private : and having accomplished these 
objects, he prepared to e-cmbark f()r the United States. While at 
Smyrna he tiad occasion to visit Constantinople, and applied to the 
American consulate at the tormer city for a teskereh (Turkish passport) 
for that purpose. The consul lurnished him the instrument, and upon 
returni'ig to Smyrna he received another teskereh from Mr. Brown, 



H. Doc. 91. 35 

then in charge of the American legation. In both teskerehs Koszta 
was described as an American citizen, or protege, and thus his claim 
to American protection had been distinctly alh^vved and recognised by 
the American authorities in Turkey. 

While Koszta was waiting at Sm^^na for an opportunity to sail for 
an American port, the Austrian consul at that city, as is reported, with- 
out instructions from the legation at Constantinople, and upon his own 
responsibihty, determined to seize him and send him to Austria. For 
this purpose he employed a band of desperadoes, notorious in Smyrna 
as robbers and assassins, who were neither, in any sen.-e, official per- 
sons, nor provided with any legal or other written warrant to seize him, 
by brute force, and put him on board an Austrian brig-of-war which 
sent a boat to receive him. Having given the order, the consul applied 
to the governor of Smyrna for authority to arrest Koszta, and transport 
him to Austria. The governor refused his consent, but said that he 
would himself forthwith arrest him, and expel him from Turkey. The 
orders of the consul were, nevertheless, executed, and with circum- 
stances of great brutality, as appears from the papers transmitted by 
Mr. Brown. 

It is not pretended that Koszta had been guilty of any other offence 
than participation in the Hungarian revolutionary movements of lS48-'9, 
and it is even said that his arrest originated in a mistake of the person, 
and that the conduct ot the consul has been disapproved by his supe- 
riors at Constantinople. 

The correspondence reported to the department by Mr. Brown now 
took place, and Captain Ingraham interposed as you have already been 
advised. 

The Turkish government does not complain that Captain Ingraham 
has committed any violation of its rights, or any encroachment upon its 
authority as a neutral power ; and the case therefore does not necessa- 
rily assume the shape of a tripartite controversy, but, for the present 
purpose, may be considered as a simple question between the Austrian 
and American governments. 

For the solution of the question, the two most important elements 
appear to be the formal legality of the seizure of Koszta and his right 
to claim American protection when restrained of his liberty by illegal 
violence. 

By the general principles of international lavv, Turkey, as well as 
every other independent government, enjoys exclusive jurisdiction over 
all private persons within its territory including, ot course, the right as 
well as the duty of protecting strangers, commorant in its States, against 
all illegal violence. The rights of European governments over their 
own subjects in Turkey are precisely what the local laws, and t!ie 
treaties between the Porte and other powers, confer on them. Unless, 
then, Austria shows that the law of Turkey, and her treaties with that 
power, authorized in this case the arrest and removal ot" tlie prisoner, 
and that the arrest was made by such authority and in such iorm as 
those laws and treaties prescribe, it follows that his seizure and deten- 
tion were illegal. 

The Austrian authorities msist that the jurisdiction of Frank govern- 
ments follows the person of the subject throughout the Turkish eraj)ire, 
3 



B4 H. Doc. 91. 

and claims over Koszta the same rights it would have possessed, and 
might have exercised, had- he been found upon Austrian soil. 

This claim is founded on the old French capitulations (which are the 
basis of the extraordinary exemptions and privileges enjoyed by the 
foreign legations and by Franks resident in the Ottoman empire,) and 
the modifications introduced by subsequent treaties. 

By these capitulations and the older treaties, Turkey has surrendered 
to the foreign legations and consulates in the Ottoman empire general 
jurisdiction over the subjects of their respective governments in civil 
and criminal controversies relating to the personal or proprietary rights 
of each other, or of other Frank residents in the dominions of the Porte, 
but the provisions of those instruments evidently refer to offences com- 
mitted, or civil controversies arising, in the Turkish territory. 

It does not appear that the Porte had ever stipulated with any Euro- 
pean power for the extradition of criminals, or the seizure of fugitives 
li-om justice by their governments, in Turkey, until the year 1774, when 
the treaty of Rutschuck Kainardgi was negotiated with Russia. 

The second article of this treaty provides that " if subjects of the 
two empires, who have committed any capital crime, or been guilty of 
disobedience or treason, should attempt to conceal themselves or seek 
asylum in either of the empires, they shall not be received or kept 
under any pretext, but immediately delivered, or, at least, expell'd/rom 
the States of the yower to which they may have retired." The article 
proceeds to except fugitives embracing the religion of the country to 
which the}^ may have fled, and concludes as follows: "Likewise, in 
case any subjects of the two empires, whether Christian or Mahome- 
dans, who have committed an}"^ offence or crime, fl^r whatever cause, 
shall pass from one empire to the other, they shall, upon requisition, be 
immediately delivered up." 

By virtue of general clauses in subsequent treaties, Austria, as well as 
the other Frank governments, claims the benefit of this article, and she 
attempts to convert the alternative stipulation for extradition or expul- 
sion into a grant of the power of seizing on Turkish soil, and by her 
own ministerial officers, Austrian subjects who have offended against 
her laws. 

The apparent inconsistency between the first and last clauses of this 
article — the former being in the alternative, the latter absolute — is, per- 
haps, to be explained by a looseness of translation from the Turkish 
and Russian originals, in the published French version. But, even 
taking the phraseology of this version as it stands, there can be little 
doubt that the first or alternative clause was meant to provide for poht- 
ical oflences, the latter for ordinary crimes and misdemeanors. The 
Porte insists on this construction of the treaty, and contends that it is 
bound to extradition only in case of this latter class of offences ; but 
that with regard to political offenders, it retains the right of delivering 
them up or expelhng them, at its option. It was upon this ground that 
Turkey refused the surrender of Kossuth and his companions on the 
demand of Austria in 1849. 

The Porte is doubtless right in its construction of the treaty ; but, 
however this may be, the Turkish JSultan is the undisputed lord of the 
soil, and, by the general law of nations, has exclusive jurisdiction over 



I 



H. Doc. 91. 35 

all private persons within his territory. Foreign governments and their 
officers have no other or greater rights or powers within the Turkish 
territory than such as have been conceded to them by the Porte ; and 
if they claim exceptional rights and privileges, those rights and privileges 
must be clearly and indisputably established before third parties can be 
affected with notice of them. 

The extent of the powers granted to Austria is a disputed point; but 
so long as this is lisjpetidcns, foreign governments are entitled to disre- 
gard disputed claims in derogation of the general principles of interna- 
tional law, and to treat the Porte as still enjoying dc jure, what it cer- 
tainly p?-ima facie possesses, exclusive jurisdiction over all private 
strangers commorant within its bounds. 

Cases of extradition, even of political offenders, have undoubtedly 
occurred, and it is said that alleged fugitives from justice have been 
sometimes seized and sent away by the consulates without special au- 
thority from the Porte. But though the Ottoman government may pos- 
sibly have winked at this irregularity in some few cases, it has always 
denied the right. It is, moreover, the uniform practice to cause the 
arrest to be made by the consular cavasses, who are always Mussul- 
man subjects of the Porte, commissioned by it as bailiffs, and acting by 
its authority, though for the time being serving as guaids and ministe- 
rial officers of the consulate; and it is believed that very few seizures 
for the purpose of extradition have ever been made by these officers 
without special authority from their Turkish superiors. 

The right of claiming extradition conferred by the treaty of Ruts- 
chuck Kainardgi is mutual, and therefore the Turkish legations and 
consulates have the same powers in this respect over Otttoman subjects 
in Russia, Austria, England, France, and the United States, that the 
Frank authorities have over the subjects of their governments in Tur- 
key. The seizure of an Ottoman subject in a foreign territory by 
brute force, and without legal process, by hired ruffians, upon the mere 
verbal order of a Turkish consul, and especiaffy after permission to 
make such seizure had been refused by the local authorities, would 
never be tolerated for a moment by any Frank government. And there 
can be no doubt that the arrest and detention of Koszta lor participa- 
tion in the revolution of 1S4S, was, under the peculiar circumstances 
of the case, as illegal as would be the seizure of a Greek by a Turkish 
consul at Vienna, London, or Boston, upon the charge of having trea- 
sonably participated in the insurrection which severed Greece from 
Turkey, Indeed, in any case where there exist treaty stipulations for 
the extradition of criminals, without special provisions defining the 
mode in which it shall be effected, the consular authorities might claim 
the right of seizure and transportation with as much show of justice as 
in this. 

As before noticed, Austria claims the right of seizure not only under 
the treaty of Rutschuck Kainardgi, but under the provisions of the 
ancient capitulations. These provisions are extremely vagu.e in their 
terms, but it has been already Observed that they relate soLely to 
causes of action or prosecution arising in the territory oi'the Porte. It 
is further to be remarked that they provide, not for the removal of the 
accused, but for his yunishment by the legation or consulate of his own 



36 ' H. Doc. 91. 

government; and it is most evident that their object was to confer upon 
Franks resident in Turkey the privilege of exemption from the jurisdic- 
tion of the native tribunals, not to bestow upon their governments the 
right of forcibly removing them out of the territory and protection of 
the Porte. 

The arrest and detention of Koszta being illegal, the Turkish gov- 
. ernor of Smyrna ought to have demanded and enforced his release. 
The American consul required him to discharge this duty, but he re- 
fused to interfere, and left the American and Austrian authorities to 
settle the matter between themselves as ihey pleased. All question of 
the violation of neutral rights was now at an end. Turkey had both 
abdicated her sovereign right to determine the question of the legality 
or illegalit}^ of the seizure, and even neglected to insist on the ordinary 
powers and privileges of a neutral territory. To all intents and pur- 
poses, the parties in dispute might, from this moment, consider them- 
selves out of the jurisdiction of any third power, and free to act as if 
they were upon the high seas, or in a port of an uninhabited island. 

The Austrian government had repudiated Koszta, declared him ex- 
patriated, and denied him its protection as a subject; its civil and mili- 
tary authorities had arrested him, not by any form of regular process, 
but by brute force, in a territory where they could, under such circum- 
stances, lawfully exercise no power over him, and where they were 
consequently, yo?" this pur j)ose, not official persons, and the local authori- 
ties had denied all redress or interference in the premises. The case, 
then, is one of illegal and private violence, and Captain Ingraham had 
the same right to interfere that he would have had if the prisoner had 
been seized and confined by avowed robbers or other lawless ruffians 
in a part of the world where no organized government existed. 

We come now to the second branch of the inquiry. Had Koszta a 
right to protection as an American? 

His own government had banished, expatriated, and repudiated him, 
and with the duty of protection had necessarily relinquished the right 
of control. To Austria he was a stranger, owing her no duties, claim- 
ing under or from her no rights. By the established usage which has 
been recognised in Turkey for centuries, all Franks having no native 
protection may put themselves under the patronage of any Christian 
nationality represented at the Porte which consents to receive them, 
and when so received they are treated in all respects as the subjects of 
the protecting power. This is every day's practice; and for a long 
period there has not been a legation at Constantinople, or a Frank con- 
sulate in Turkey, which has not had foreign non-naturalized Franks 
under its full protection and jurisdiction. In some cases these proteges- 
have been counted by hundreds and even thousands. Austria herself 
has numerous proteges, owing her allegiance neither by birth nor natu- 
ralization, and the practice is too well established to admit of its legality 
being questioned. Upon this ground alone, then, Koszta, being an un- 
protected Frank, might apply to any Frank nationality for protection, 
and such nationality might in its disftretion accept or refuse him. But 
Koszta has further rights. He had solemnly declared his intention of 
becoming an American citizen, and by that act had acquired inchoate 
rights, the extent of which belongs entirely to us, and to no foreign juris- 



H. Doc. 91. 37 

diction whatever to determine. He had presented himself to the lega- 
tion at Constantinople and the consulate at Smyrna, been recognised 
by them as a protege, and furnished with teskerehs setting forth his 
American nationality. In these peculiar circumstances, and under the 
anomalous political relations of Turkey, the American authorities might 
lawfully allow to Koszta all the privileges which an American citizen 
can enjoy in that empire ; and whatever his mere legal rights as be- 
tween himself and the American government may have been, it does 
not lie in the mouth of Austria, which has repudiated all duties, and of 
course all rights, with respect to him, to question the nature of his rela- 
tions with us. 

What, then, was the duty of Capt. Ingraham ? The proposal of the 
governor of Smyrna to reter the question to his superior at Constanti- 
nople was not accompanied with any sdpulation that the prisoner should 
remain at Smyrna to abide the result. It was known that preparations 
were making to smuggle him on board an Austrian steamer about to 
sail for Trieste, and there was no doubt that unless the American au- 
thorities forthwith interposed, he would be hurried off to meet a certain 
and ignominious death. Captain Ingraham had no alternative but to 
submit to this outrage upon the rights of humanity, their violation of th% 
principles of international law, their illegal violence towards one whose 
rights to American protection had been duly recognised, or to vindicate 
those rights and the honor of his country by an exercise of the physi- 
cal force with which his government had intrusted him. 

These considerations appear to me to justify the position taken by 
Mr. Brown, and the conduct of Captain Ingraham, and 1 trust they will 
be sustained by the American government in a course ot action which 
has been generally applauded at Constantinople, and which cannot fail 
to give new force to the hourly increasing respect with which the Amer- 
ican government is regarded in the countries of Europe and the East. 

Although it has been said, as above noticed, that Koszta was arrested 
by mistake, there is, nevertheless, much reason to suspect that his 
seizure was the beginning of a series of arrests, which were intended 
to embrace all the Hungarian and Italian refugees in the Turkish domin- 
ions ; and it is believed that the occurrences at Smyrna will have a sal- 
utary effect in checking the course of illegal violence and sanguinary 
persecution to which those unfortunate persons would otherwise have 
been exposed. 

The Porte has made no complaint in regard to the conduct of Capt. 
Ingraham, the American consul at Smyrna, or the legation; nor has the 
Austrian internuncio made to this legation any protest or other com- 
munication on the subject, since the final demand by Captain Ingraham 
was known at this capital. 

Koszta will, of course, remain for the present in the custody of the 
French consulate, and I respectfully request instructions from the De- 
partment of State as to further steps to be taken in the matter. 

Since the above was written, I learn, from a reliable source, that the 
Porte intends formally to protest against the seizure of Koszta by the 
Austrian consulate ; and though it is not to be supposed that it will ex- 



38 H. Doc. 91. 

press any approval of the conduct of Captain Ingraham, I have not the 
sh'ghtest reason to believe that it is at all displeased with it. 
1 have the honor to be, sir, your obedient servant, 

GEORGE P. MARSH. 
Hon. W. L. Marcy, 

Secretary of State. 



Mr. Marsh to Mr. Marcy. 
[Extract.] 

[No. 45.] Constantinople, July 11, 1853. 

Koszta remains in the custody of the French consulate at Smyrna, and 
I have nothing to add to the statements of my despatch of July 7th, 
respecting him. 

I have the honor to be, sir, most respectfully, your obedient servant, 
• GEORGE P. MARSH. 

Hon. W. L. Marcy, 

Secretary of State. 



Mr. Marsh to Mr. Marcy. 
[Extract.] 

[No. 47.] Constantinople, July 25, 1853. 

giR: ******## 

The affair of Koszta is still in the same condition as at the date 
of my last despatch. The Porte has prepared a note for the Austrian 
internuncio, protesting against the seizure of Koszta, but it has not yet 
been delivered, and possibly may be suppressed. In the mean time I 
have had no correspondence with Mr. de Bruck ; but if the Porte makes 
a satisfactory protest, I shall endeavor to procure the release of the 
prisoner. 

I have the honor to be, sir, respectfully, your obedient servant, 

GEORGE P. MARSH. 

Hon. W. L. Marcy, 

Secretary of State. 



H. Doe. 91. 39 

Mr. Marsh to Mr. Marcy. 
[Extract.] 

[No. 48.] Constantinople, August 4, 1853. 

Sir: On the 29th of July I had an interview with Mr. de Bruck, the 
Austrian internuncio, in which the case of Koszta was discussed. Mr. 
de Bruck insisted, that by virtue of the ancient capitulations, by treaty 
and by usage, the Austrian government enjoys in the Turkish domin- 
ions, to all intents and purposes, the same jurisdiction over its subjects 
found there as in Austria itself; he denied that Koszta had acquired any 
rights as an American citizen; regarded the interference of the American 
authorities in his behalf as illegal, and demanded the delivery of the 
prisoner to the Austrian consulate. 

In the course of the same day I received a note from the internuncio, 
written on the previous day, a translation of which, with a copy of my 
reply, I shall forward as soon as they can be prepared. 

In the course of the interview, I stated to Mr. de Bruck that I should 
not consent to the surrender of Koszta, upon any conditions whatever, 
without the express orders of my government; and I proposed to him 
to allow the prisoner to embark on board the first American merchant- 
ship sailing from Smyrna to the United States, with the understanding 
that he should not land at any European port, or be furnished by the 
American legation or consulate with a passport for any place out of the 
territory of the United States. 

At the suggestion of Mr. de Bruck, I repeated this proposal in my 
reply to his note, and it will be laid before his government by him. 

Mr. de Bruck declared that Koszta came to Turkey as a political 
agent; but the only proof he adduced was the fact that he was known 
to be in correspondence with persons in Austria, through a mercantile 
house at Marseilles. I have every reason to believe that this corre- 
spondence was of a strictly private character ; and as Mr. de Bruck 
admitted that Koszta was a person of no political importance, I am not 
without hope that the Austrian government will accept the proposal I 
made to Mr. de Bruck. 

In the mean lime the Porte has fbrmalh^ protested against the seizure 
of Koszta, and I will send a copy of the protest as soon as it can be 
copied and translated. 

1 have had several conversations on this subject with the Minister of 
Foreign Affairs, and with Ali Pacha, governor of Smyrna at the time 
the affiir took place. These distinguished persons are very far from 
expressing any dissatisfaction with the course pursued by us. They 
sustain the view the legation has taken of the legal character of the 
question; and Ali Pacha informs me that a few years since the Aus- 
trian government refused to surrender to the Porte Turkish rebels who 
had fled into Austria, on the very ground now taken by the Porte, 
namely, that the treaties did not provide for the extradition of political 
offenders. 

The internunciature has attempted to excuse the forcible seizure of 
Koszta, by asserting that Ali Pacha had neglected to attend to its 



4U H. Doc. 91. 

repeated demand of his expulsion. This statement the Pacha utterly 
denies, nnd affirms that he never heard the name of Koszta until the 
day of his arrest, when the Austrian consul called to ask the Pacha's 
consent to that act. 

He state.-', further, that the arrest was actually made an hour and a 
halt^ before the consul's application to him ; though in making the appli- 
cation the consul thought proper to conceal that fact. 

JNIr. Lacour. ambassador ol' France, having been led to believe that 
a slight modification of my proposal would lead to its acceptance by 
the internuncio, communicated this information to me; and I, in accord- 
ance with his suggestion, called this morning upon Mr. de Bruck, and 
stated that I was wilHng to agree that Koszta should be put on board 
the first American merchant ship sailing from Smyrna directly for an 
American port, by the French consulate, or by the Turkish authorities, 
under a stipulation that if he voluntarily escape from the ship after- 
wards, the protection of this legation shall be withdrawn from him. 

Mr. de Bruck said that upon reflection he had concluded not to 'make 
any arrangement for the release of Koszta without previous instructions 
from Vienna, and I suppose, of course, the matter must remain in its 
present position some weeks longer. 

There are at Smyrna, and elsewhere in Turkey, several refugees 
who emigrated to the United States under similar circumstances as 
Koszta, and who have returned, after taking the first step towards nat- 
uralization, some without passports, others with passports from Ameri- 
can legations, consulates, or other authorities, describing them as Amer- 
ican affiliated citizens; there are others who received from this legation, 
in 1849 and 1850, passports not noticing their nationality at all, but 
merely describing them as persons "emigrating to America," and which 
were given merely to enable the bearers to proceed to Smyrna or other 
ports, where passage could be taken for the United States ; there is a 
third and much more numerous class, amounting probably to several 
hundreds, who came to Turkey in 1849, provided with passports from 
the American consulate at Rome, describing the bearers as citizens of 
the United States. Many of these latter passports have been sold or 
otherwise transferred from hand to hand, and none of those to whom 
they were issued have any claim to be regarded as possessing any 
other rights as American citizens than such as this consular declaration 
of nationality confers upon them. 

We are likely to have difficult questions in regard to these persons ; 

and I beg, as I have before done during the administration of the late 

President, general instructions as to the extent to which they are to be 

regarded as entitled to the protection of this legation. * * * 

Most respectfully, your obedient servant, 

GEORGE P. MARSH. 



H. Doc. 91. 41 

Mr. Marsh to Mr. Marcy. 

[No. 50.] Constantinople, August 17, 1853. 

Sir: I have the honor to enclose herewith translations and copies of 
correspondence between the Austrian internuncio and myself, in rela- 
tion to the case of Martin Koszta, referred to in my despatch (No. 48) 
of August 4, 1853. 

As to the delay complained of by Mr. de Bruck, I have to remark 
that Mr. Brown had, in the posture of the case, of which he was apprized 
on the 5th of July, and especially his frequent verbal communications 
with the Austrian general at Constantinople, who visited him repeatedly 
in behalf of the internunciature, rendered a formal reply superfluous ; 
and, for my own part, I delayed making any official communication to 
Mr. de Bruck, in the expectation that the Porte would take some ener- 
getic measure, which might render action on our part unnecessary. 

The protest, if it may be so called, of the Ottoman government, a 
copy of which is annexed, forms a part of a long communication on 
another branch of the same general subject, and is couched in terms 
much less strong than I had hoped ; but the present embarrassed con- 
dition of the political relations of the Porte explains, if it does not jus- 
tify, the tone it employs. 

I have prepared a communication to the Ottoman government, claim- 
ing its intervention ; but have not yet presented it, and hope it may 
still be unnecessary to appeal to its sovereignty as a means of inducing 
Austria to consent to the release of the prisoner. 

I have the honor to be, sir, your obedient servant, 

GEORGE P. MARSH. 

Hon. W. L. Marcy, 

Secretary of State, Washington. 



[Translation ] 

BUYUKDERE, Juhj 28, 1853. 

Sir: By my letters dated June 27 and 30, and July 3, I claimed 
tlie intervention of Mr. Brown, then charge d'affaires of the United 
States at Constantinople, to put an end to the obstacles which the 
captain of the American corvette St. Louis, stationed at Smyrna, inter- 
posed to the detention of Martin Koszta on board the Austrian brig 
Hussar. I did not neglect to sustain this demand by an exposition of 
facts, from which it results that Koszta had never ceased to be an Aus- 
trian subject, and, as such, was subject in Turkey to the jurisdiction of 
the Austrian authorities ; and I observed that the declaration of his 
•'intention of becoming a citizen of the United States," made by 
Koszta on the 3d of July, 1852, in presence of a notary at New York, 
a copy of which Mr. Brown communicated to me by his note of June 
29, 1853, could not certainly make any change in Koszta's nationality, 



42 H. Doc. 91. 

so long as the bonds which connect him with Austria have not been 
legally dissolved. 

Mr. Brown having informed me, under date of the 3d of July, that 
my letter of June 30 had not reached him, and that he could not pro- 
nounce explicitly before the reception of that document, I hastened to 
send him a duplicate the n^xt day. 

From that time no communication has reached me on the part of the 
legation of the United States — the direction of which, sir, is now in 
your hands. J must accordingly beg you to communicate to me, as 
soon as possible, your final decision on the question still in dispute. 

As you are no doubt apprized, Koszta is now in the custody of the 
French consulate at Smyrna, in virtue of an arrangement between our 
respective consulates, until the difficulties relative to the determination 
of his nationality, and his rights to protection, shall be settled between 
the Austrian and American missions at Constantinople. 

For my part, I can but reiterate the expression of my conviction that 
Koszta has never ceased to be an Austrian subject; and that, according 
to the laws in force in Austria and the laws of nations, neither his de- 
claration "of an intention of becoming a citizen of the United States," 
nor the document, a copy of which was annexed to Mr. Brown's last 
letter, (by which a notary of New York declares that he considers 
Koszta an affiliated citizen of the United States,) is sufficient to give 
him American nationality, still less to deprive the imperial authorities 
of the right of jurisdiction over his person. 

I must consequently insist that Koszta be surrendered to the Aus- 
trian consulate general at Smyrna, remarking that, in case you cannot 
adopt my conclusions, he must remain in custody of the French consu- 
late until our respective governments have agreed on the question of 
his nationality. 

Receive, sir, the assurance of my distinguished consideration. 

V. DE BRUCK. 

To Mr. Marsh, 

Minister Resident of the United States of America. 



Therapia, July 30, 1853. 

Your Excellency : I have the honor to acknowledge the receipt of 
your excellency's note of July 28, (received yesterday,) and to offer 
the following remarks in reply : 

I deem it superfluous now to enter into a minute examination of the 
question involved in the case of Koszta, both because it has been 
already discussed at some length by the internunciature and this lega- 
tion, and because I am prepared to make a proposal, the acceptance of 
which by the internunciature would terminate the present inconvenient 
position of the affair, and leave any complaints either party may have 
to make against the authorities of the other to be examined and dis- 
posed of by their respective governments. 

At the same time, I deem it my duty to state very succinctly my 
reasons for declining to comply with your excellency's demand of the 
surrender of the prisoner to the Austrian consulate at Smyrna. 



H. Doc. 91. 43 

I cannot admit your excellency's position that any European power 
can legally exercise plenary general jurisdiction over its subjects upon 
Turkish soil; although I am aware that, in derogation of the principles 
of international law, a quahfied jurisdiction has been granted by the 
Porte, for certain special and limited purposes, to the representatives 
of the Christian powers in Turkey. Neither the ancient capitulations, 
nor any modern treaty, confer such powers as are claimed l^y Austria; 
and it is notorious that the Ottoman government denies that such rights 
have ever been granted. 

That abuses of the rights really conceded have occasionally been 
winked at is no doubt true; but the Porte has often protested against 
them, and it is confidently believed that no legal authority can be sho\yn 
for the public seizure of^a Frank in the Turkish territory by unofficial 
persons, upon the verbal order of a European consul, and without the 
assent of the Turkish authorities, or even the presence of a cavass. 

The seizure of Koszta, then, was as unlawful in essence as it was 
barbarous in the circumstances of its execution. His detention had 
nothing of the character of a legal imprisonment, and the American 
officers had the same right to interfere which they would have had in 
any case of private and illegal violence. The pecuhar institutions, 
political relations, and present circumstances of Turkey, imposed upon 
the official representatives of the American government the duty of 
protecting, by all the means in their power, every person entitled to 
any of the rights of an American citizen against all illegal violence, 
from whatever quarter proceeding. 

Koszta was an American protege. The circumstances under which 
he went to the United States were equivalent to an emigration under 
an auswanderungsschein. He had declared his intention of becoming 
an American citizen, not, as your excellency supposes, before a simple 
notary, but, in due form of law, before a court of record. Visitmg 
Smyrna and Constantinople for merely private and temporary pur- 
poses, he required, under the laws of Turkey, passports and other 
protection from some Christian nationality. It will not be pretended 
that he could have obtained such protection from the Austrian authori- 
ties. He had acquired inchoate rights as an American citizen, the 
extent of which it belongs to the American authorities exclusively to 
determine. Both in virtue of these rights and under the general 
practice by which, from time immemorial, the legations representing 
Christian powers in Turkey have, in their discretion, extended their 
protection to any Franks, otherwise unprotected, who asked the benefit 
of it, the American legation might properly, upon Koszta's application, 
recognise him as a protege. 

For this purpose he applied, first, to the consulate at Smyrna, and 
afterwards to this legation, stating the purpose of his visit to Turkey 
and his intention of soon returning to the United States, and exhibiting 
the evidence of his American nationality. 

Both the legation and the consulate recognised the'vahdity ot his 
claims, and gave him tesUreh, describing him as a citizen or proteg6 
of the United States ; and he had returned to Smyrna for the purpose 
of re-embarking for America, when his unlawful seizure by order ot 
the Austrian consulate at that city commenced the series of unfortu- 



44 H. Doc. 91. 

nate events which almost inevitably resulted from that much-to-be- 
regretted, and it is hoped unauthorized, act of lawless violence. 

Believing, then, that the -seizure and detention of Koszta were 
wholly illegal and unwarrantable, and that he is entitled to American 
protection, I cannot consent to his surrender to the Austrian consulate ; 
and I hope your excellency will accede to the proposal I now make 
for relieving the consulate general of France, as well as the internun- 
ciature and this legation, from further responsibility and embarrassment 
in relation to this subject. 

There is at present no American vessel-of-war in the Levant about 
to return to the United States ; and I cannot, therefore, offer to commit 
Koszta to the charge of a public officer for conveyance to America ; 
but at this season of the year there are frequent opportunities of 
communication between Smyrna and American ports by American 
merchant vessels. These vessels usually proceed directly to their 
destination without touching at any intermediate port, and by one of 
them Koszta might readily be conveyed at once to the United States. 

I propose, then, that he be permitted to avail himself of the first 
opportunity which shall offer of embarking on board an American 
ship, direct for an American port, with the understanding that he shall 
not, unless compelled by shipwreck or other inevitable accident, land 
at any Turkish or European port, or be furnished by the American 
legation or consulate in Turkey with a passport for any place out of 
the territory of the United States. 

I pray your excellency to accept the assurance of my distinguished 
consideration. 

GEORGE P. MARSH. 

His Excellency Baron de Bruck. 



[Translation.] 

BUYUKDERE, Avgust 4, 1853. 

Sir : In acknowledging the receipt of the note you were pleased to 
address me, under date of July 30, in relation to the case of Martin 
Koszta, I regret to inform you, sir,, that I can neither accept your 
proposal nor recognise the soundness of the principles on which it is 
founded. I must, consequently, refer the matter to the decision of our 
respective governments. 

Receive, sir, the assurance of my distinguished consideration. 

V. DE BRUCK. 
Mr. Marsh, 

Minister Resident of the United States of America. 



Translation of protest of the Forte against the seizure of Koszta. 

The Hungarian refugee, Martin Koszta, being only a political refu- 
gee, his highness (Ali Pacha) gave the strongest promises to have him 



H. Doc. 91. 45 

arrested and sent out of the Ottoman empire ; and it is hoped that 
your excellency will acknowledge that the conduct of the Austrian 
consulate, which, without giving any notice whatever of the same to 
the local authority of Smyrna, had him seized and conveyed on board 
an Austrian vessel-of-war, was certainly not a very regular proceeding. 
Consequently, after his excellency Chekib Effendi, who has been sent 
by the command of his imperial Majesty to investigate this matter, 
arrives at Smyrna, he will ascertain the truth of the proceeding, and 
the Sublime Porte will be compelled to demand of the justice of the 
imperial Austrian government, reparation for the conduct of the said 
consul general. 



Mr. Marsh to Mr. Marcy. 

[No. 54.] Constantinople, September 13, 1853. 

Sir : Ali Pacha, late grand vizier of the Ottoman empire, has drawn 
my attention to the treaty of Belgrade between Turkey and Austria, 
some of the provisions of which were relied upon by the latter power 
in the negotiations of 1849-'50, relative to the extradition of the Hun- 
garian refugees. 

It will be seen that those provisions, (articles 18 and 19 of the treaty,) 
of which I enclose a copy, lend no countenance to the claim of the right 
of seizure set up by the Austrian government ; and I am informed that 
the Porte does not consider the words translated, " " 

as embracing refugees accused of offences of a T^ro^ex political charac- 
ter, but interprets them as referring to persons guilty of lawless acts of 
defiance of their own government, committed for merely private ends. 

The case of the refugees of 1849 seems to have been nearly identi- 
cal with that of Michael Gaski provided for in the 19th section, and in 
conformity with the principle adopted in that case, Rormble and his 
companions were assigned a residence "remote from the frontier pro- 
vinces." 

I have the honor to be, most respectfully,- your obedient servant, 

GEORGE P. MARSH. 

Hon. W. L. Marcy, 

Secretary of State. 



[Translation.] 

Copy of the 18th and 19th articles of the treaty of Belgrade between the 
Ottoman Porte and the Emperor of Austria. 

Art. 18. It shall be prohibited henceforth to give asylum and shelter 
to evil persons, to rebellious subjects, and to malcontents ; but each of 
the contracting parties shall be obliged to punish these kind ot people, 
as well as all thieves and brigands, even though they should be the 



46 H. Doc. 91. 

subjects of the other party, if it surprises them within the territory of 
its jurisdiction. That, if such people cannot be seized, they shall be 
pointed out to the captains and to the governors of the places where 
they lie concealed, and orders shall be given to them to punish the 
same ; that if said officers neglect to punish these kind of malefactors, 
they shall incur the indignation of their emperor; they shall be deprived 
of their employment, or they shall be punished for the guilty. And in 
order that there may be greater security against the insolence of these 
wicked persons, it shall not be permitted to either of the contracting 
parties to maintain what are called haydones, a species of robbers, who, 
not being in the pay of any one, exist by plunder. These kind of peo- 
ple, as well as all those who shall give them food, shall be punished, 
find although they may promise to amend, they shall not be trusted ; 
they shall be removed from the borders and transferred to more distant 
places. 

Art. 19. And lest the safety of the frontier and the tranquillity of the 
people might be subjected to some attacks, the places which the Otto- 
man Porte shall designate for the residence o^ Michel GasJci, and other 
Hungarians, who have withdrawn themselves from their allegiance to 
the Emperor of the Romans, {sic in original,) and who, during the war, 
have sought an asylum with the Turks, shall be removed from the fron- 
tier provinces. It shall, however, be permitted to their wives to join 
them and to remain with them. 



Mr. Marsh to Mr. Marcij. 

[No. 65.'] Const ANTl^opLE, September 14, 1853. 

Sir : I have the honor to report to you that I have just had an inter- 
view with the Austrian internuncio, and that he informed me that his 
government had authorized him to accept ray proposal for the release 
of Koszta, and his return to the United States, upon the condition stated 
in my despatch (No. 48) of August 4, 1853. 

M. de Bruck promised to make me a written communication on the 
subject to-morrow, but I shall not probably receive it in time to accom- 
pany this despatch with a copy of it. 

I learn that there are now in Smyrna several American vessels about 
to sail for ports in the United States, and I trust, that in arranging the 
details with Mr. de Bruck, no difficulty will arise of a nature to pre- 
vent the embarkation of Koszta by one of them. 

I suppose Koszta is possessed of some funds; but if he proves to be 
destitute, I hope the instructions I gave Mr. Offley to pay his passage, 
and draw on me for the amount, on account of the contmgent fund of 
this legation, will not be disapproved by the government. 

I deem it due to Mr. de Bruck, to say that he has throughout man- 
ifested a conciliatory disposition in this affair, and that I have no doubt 
he advised his government to accept the arrangement proposed by me. 

I have the honor to be your obedient servant, 

GEORGE P. MARSH. 

Hon. W. L. Marcy, 

Secretary of State, 



H. Doc. 91. 47 

Mr, Brown to Mr. Marcy. 

Smyrna, September 23, 1853. 

Sir: I have the honor to report to you that I came to this place on 
the 21st instant, under instructions from the minister resident, to super- 
intend the execution of" the convention made by him with the internonce 
of Austria, at Constantinople, for the departure of Mr. Martin Koszla for 
the United States, in an American merchant vessel, leaving directly 
for one of their ports. 

You are aware that the Austrian consul general at this place con- 
sented to the disembarkation of Mr. Koszta from the Austrian brig-of- 
war "Hussar," on the condition stipulated with the United States con- 
sul, that he should be confined in the prison of the French consulate at 
the expense of the Austrian consul, and that, consequently, the captain 
of the "Hussar" had him conveyed on shore in irons, for the purpose 
of thus being placed in the French prison. The humanit}^ of the French 
consul preserved him against a convention of so rigorous a character, 
and he was therefore only placed in the hospital of his consulate, freed 
from fetters or other dishonorable restraint. 

I believe I need not state the conditions of the convention for his final 
release and departure for the United States, recently made between the 
minister resident and the Austrian nternonce, as the same will doubt- 
lessly have been already fully communicated to you by the former. 
The charge confided to me has not been sought for by me, yet it is to 
me a very agreeable duty. I supposed on my arrival that it would 
have been carried into effect without any delay, and that I should have 
returned to the capital in the course of a few days. In this expectation, 
however, I have been disappointed, and I would now respectfully ap- 
prize the department of the cause of the non-execution of the conven- 
tion made by my superior, as follows : 

In the agreement stipulated between the United States and the Aus- 
trian consul, the French consul consented not to release Mr. Koszta 
except on the joint demarid of the two former consuls. From motives 
of which I am unable to perceive either the wisdom or utility, and which 
I leave him to justify to the department, the consul of the United States 
has refused to give his signature to the demand for Mr. Koszta's release, 
and thus opposed the execution of the arrangement made by the minis- 
ter for his relief. I have communicated the circumstance to the minis- 
ter, and await his further instructions. 

The French consul is desirous of being relieved, as early as practi- 
cable, from the charge of Mr. Koszta, and he, as well as the pubhc here 
and in Constantinople, will feel gratified when he is actually on board 
of an American vessel sailing direct to the United States. His case 
has, and still excites, no ordinary interest here, and his freedom will be 
learned by every one with warm commendations in favor of the govern- 
ment which has saved his life. 

I have the honor to be, sir, with great respect, your obedient ser- 
vant, 

JOHN P. BROWN. 

Hon. William L. Marcy, 

Secretary of State of the United States. 



48 H. Doc. 91. 

Mr. Marsh to Mr. Blarcy. 

Constantinople, October 3, 1853. 

Sir: I regret to state that the arrangement I had made with the 
Austrian internuncio, for the release of Martin Koszta and his return to 
the United States, has heen defeated by the refusal of Mr- Offley, 
American consul at Smyrna, to consent to his release, and of Koszta to 
accept it, upon the terms agreed upon. 

The terms proposed by me have been already communicated to you, 
and I annex hereto a copy of Mr. de Bruck's letter of acceptance of 
those terms, marked A. 

You will observe that Mr. de Bruck states that he is authorized to 
"regulate the arrangements relative to the prisoner's release according 
to the offer made by me," and that, in a subsequent part of his note, he 
adds: "The imperial government, however, reserves to itself to pro- 
ceed against this person, according to its rights, in case he should be 
found in the Ottoman territory." 

I did not consider this reservation as a part of the agreement, or as 
having any other force than simply as a notice that, by consenting to the 
release of the yerson, Austria did not intend to be considered as sur- 
rendering the 2Jri7iciple, or as waiving her legal rights, whatever those 
might prove to be, in case Koszta again came within what she claimed 
as her jurisdiction ; nor, indeed, could I expect that, in a correspond- 
ence with this legation, anything beyond the simple release of the in- 
dividual would be conceded. 

I therefore replied to Mr. de Bruck, that the conditions stipulated 
would be adhered to by the American authorities, and I annex hereto 
a copy of my reply, marked B. 

On the 19th of September I addressed Mr. Offley a letter of instruc- 
tions, a copy of which is annexed and marked C ; and I instructed Mr. 
.John P. Brown, secretary and interpreter of this legation, to proceed to 
Smyrna, in order that, in case any difficulty should occur in carrying 
out the arrangements for Koszta's embarkation, a person upon whose 
discretion and fidelity I could rely might be at hand to aid in behalf of 
the legation. I annex a copy of my instructions to Mr. Brown, marked 
D, and of a note addressed by me to Mr. de Bruck, dated September 
19, 1853, and marked E. On the 25th of December I received from 
Mr. Offley a letter, a copy of which is annexed, and marked F. To 
this letter I replied by a note, a copy of which is annexed, and marked 
G; and on the 29th of September I received another letter from Mr. 
Offley, copies of which and its enclosure are also annexed, and marked 
respectively H and I. 

In pursuance of my instructions, Mr. Brown repaired to Smyrna, and 
did his utmost to persuade Mr. Offley, as well as Koszta, to consent to 
the terms proposed by me and accepted by Mr. de Bruck, but in vain ; 
upon information of which, I obtained from the French ambassador an 
order to the consul general of France, at Smyrna, to make all necessary 
arrangements directly with Mr. Brown. Mr. Brown accordingly com- 
menced a negotiation with the French consul general for that purpose ; 
but Koszta, acting, as I have reason to believe, solely upon the advice 
of Mr. Offley, peremptorily refused to .embark upon the conditions 



H. Doc. 91. 49 

agreed upon; and Mr. Brown, after a stay of near two weeks at 
Smyrna, returned to this city, leaving Koszta in the hands of the 
French consul general. 

During Mr. Brown's stay at Smyrna, three American vessels sailed 
from that port directly for the United States, two of which would have 
taken Koszta as a passenger ; and I had authorized Mr. Brown to pay 
his passage on account ot the contingent fund of the legation, Mr. Offley 
having represented him as destitute of funds. 

You will recollect, sir, that in the outset of this affair, Mr. OfHey 
came to the conclusion that Koszta was not entitled to the protection of 
the consulate, and that it was only upon the correspondence with Mr. 
Brown, then acting as charge d'affiiires, that Captain Ingraham felt 
himself authorized to interfere in behalf of the prisoner. Mr. Offley 
ought not, therefore, to have stipulated that his release from the custody 
of the French consulate general should depend on the consent of the 
American consulate. I should have disapproved of this at the time as 
the assumption of an authority properly belonging to the legation-, but 
the agreement between the consulates having been executed before it 
was known to the legation, it was too late to make the objection. 

But however this may be, it is evident that the whole affair came 
within the proper authority and jurisdiction of the legation ; and the 
consul, whatever his opinion of the expediency of the terms miglit be, 
was bound by the instructions of the minister. 

The conditions agreed upon were certainly the best that could be 
obtained by any negotiations here, whatever might have been the result 
of a diplomatic correspondence between the two governments ; and 
knowing, as I did, that it was doubtful whether the French government 
would allow its consulate at Smyrna to continue to protect the prisoner 
until the matter could be arranged between the governments of the 
United States and of Austria, I should have thought myself justified in 
accepting terms even less fivorable to Koszta than those agreed upon 
between Mr. de Bruck and myself. 

These terms had been communicated to both Mr. Offley and to 
Koszta ; both had expressed their satisfaction with them ; and the 
only objection now made is to the reservation, which neither can nor was 
intended to give to Austria any rights over Koszta which she would 
not have had without it. 

I refrain from any observations on Mr. Offley's conduct or motives 
in raising unfounded difficulties, and refusing to obey the instructions 
of the legation ; but I cannot forbear to remark, that it is of much con- 
sequence to the disposition of the legation with the Porte, and with the 
representatives of the Christian powers at Constantinople, that it be 
sustained in the exercise of its lawful authority and prerogatives. I 
submit, too, iHat, under the circumstances of the case, I was justified in 
making the best arrangement I could with the Austrian iiiternuncialure 
without waiting for instructions, which might arrive too late to save the 
prisoner, and that the Austrian government has a right to expect that 
the agreement thus entered into shall be faithfully observed. 

Your instructions of the 26th of August were not received until the 
26th of September, when it was too late to avail myself of them, and 
it would now be to no purpose to propose to Mr. de Bruck, who is 
4 



50 H. Doc. 91. 

acting under special instructions, any modifications of the terms agreed 
upon between him and myself. 

The French consul general complains of the inconvenience to which 
the custody of Koszta subjects him ; and the French ambassador has 
repeatedly expressed a strong desire that the consulate general be re- 
lieved fiom the responsibilities and embarrassments in which it is 
placed by the present posture of the aifair. The consul general has 
declared that he would protect him no longer, and I can undertake to 
form no opinion as to the consequences in case Koszta is discharged 
from custody by him. 

The information asked by your unofficial letter of the 26th of August 
will be furnished as soon as it can be collated, which will be, I hope, 
in time for the next French post ; and I take this occasion to acknowl- 
edge the receipt of your despatch, and to add, that upon its arrival I 
delivered it to Mr. Brown, in order that he might prepare a reply to Mr. 
OfRey's complaints against him. This he omitted to do for the time, 

because he had, on the of May, forwarded you a full report on 

the subject by the hands of Mr. E. Lamb, a merchant of Boston, who 
was then returning to the United States. We have very recently 
learned that Mr. Lamb has not been heard of since the 12th of June, 
when he left Paris, and the report probably never reached the depart- 
ment. Mr. Brown will immediately prepare a copy of it, with any 
additional explanations that may seem required, and it will be trans- 
mitted to you without delay. 

In addition to the communications referred to in the first part of this 
despatch, I annex, for the fuller information of the department, a copy 
of a note from Mr. de Bruck to myself, dated September 16, 1853, 
marked J ; a copy of a letter from Mr. Offley, dated October 1, 1853, 
marked K; and copies of two communications from Mr. Brown, marked 
respectively L and M. 

I have the honor to be, sir, your obedient servant, 

GEORGE P. MARSH. 

Hon. William L. Marcy, 

Secretary of State. 



A. 

[Translation.] 

BuYUKDERE, September 14, 1853. 

Mr. Minister Resident : In my letter of the 4th of last August, 
which I had the honor to address j^ou in reply to your communication 
of the 30th of July relative to the Koszta affair, I informed you. Mon- 
sieur le Ministre, that I had been under the necessity of asking for in- 
sti-uclions from the imperial cabinet before I could explain myself on 
the subject of the propositions enclosed in the communications afore- 
said. 

In the meanwhile direct negotiations have been set on foot between 
the two governments concerning the occurrences that have taken place 



H. Doc. 91. 51 

since the arrest of that individual at Smyrna, and which, as you are 
aware, have not yet been brought to a close. Nevertheless, as the 
imperial government does not desire to confound the individual with the 
cause, it has just authorized me come to an understanding with j-ou, 
Monsieur le Ministre, in regard to the release and transpDrration of 
Martin Koszta to America, and to settle the arrangement relating to 
the same, according to the offer you had previously made me. 

Consequently, Koszta will take passage at Smyrna, under the super- 
intendence of our respective consular authorities, on board a vessel of 
war of the United States, or, in default of which, in one of the Ameri- 
can merchant vessels that frequently visit said port at this season of 
the 3'^ear, at the moment such vessel is on the point of sailing on her 
direct voyage to America, without touching at any of the intermediate 
ports, except in the case of great damage sustained, or some other 
marine accident; Koszta to be provided with an American passport, 
expressly prohibiting him from changing his route, or to leave the vessel 
before she reaches America. The imperial government, however, re- 
serves itself to proceed against that individual, according to its rights, 
the moment he is again surprised on Ottoman territory. As this ar- 
rangement coincides with your propositions, I expect from your civility, 
Monsieur le Ministre, that you will have the kindness to send proper 
instructions to Smyrna, and communicate the same to me, in order that 
I may give a similar order to the consul general at that port. 

Accept, Monsieur le Ministre, the assurance of my distinguished 
consideration. 

DE BRUCK 



B. 

Therapta, SejUcmber 15, 1853. 

Sir: I have the honor to acknowledge the reception of your excel- 
lency's note of yesterday, announcing the acceptance of the proposal 
made by me for the release of Martin Koszta and his return to the 
United States, and to reply that the conditions recited in your excel- 
lency's note wall be faithfully observed by the authorities of the United 
States. 

I was mistaken in supposing that the French steamer would sail for 
Smyrna on Friday. To-day, being the 15th, is her day of departure. 
And as there will not be time to prepare the necessary instructions for 
our respective consulates this morning, I purpose to send a special 
messenger to Smyrna by the Austrian steamer of Monday next, and 
hope it may suit your excellency's convenience to prepare such instruc- 
tions as are deemed necessary for the Austrian consulate in the mean 
time. 

In conclusion, I take pleasure in saying that I believe my govern- 
ment will find in the readiness with which his imperial Majesty the 
Emperor of Austria has acceded to the proposed arrangements, and, I 
beg leave to add, in the conciHatory course pursued by your excellency 
in this unfortunate affair, a gi'atifying proof of the friendly spirit and 



52 H. Doc. 91. 

the moderation of the Austrian government and its authorities ; and I 
trust the points of difference yet remaining between the two govern- 
ments will be arranged in a manner entirely compatible with the dig- 
nity and honor of both. 

I pray your excellency to accept the assurance of my distinguished 
consideration. 

GEORGE P. MARSH. 
His Excellency the Baron de Bruck, 

Internuncio of his Majesty the Emperor of Austria. 



C. 

Constantinople, September 19, 1853. 

Sir: You have already advised that M. Baron de Bruck had ac- 
cepted my proposal for the release of Koszta, and the following extract 
from the internuncio's letter specifies the terms of the agreement: 

"Koszta prendra passage a Smyrna sous les surveillance de nos 
autoriles consulaires respectives a bord d'un batiment de guerre des 
Etats Unis, ou, a defaut, sur un navire marchand Americain, qui visi- 
tent dans la saison actuelle frequemment le dit port, au moment ou 
celui mettra son voile, pour se rendre directement en Amerique, sans 
toucher aucun port intermediaire, excepte le cas d'une grave avarie ou 
d'un autre accident de mer. Koszta devra etre muni d'un passeport 
Americain, que lui defend expressement de changer de route ou de 
quitter le baliment avant que celui-ci ne soit arrive en Amerique. 

" Le gouvernement imperial se reserve cependant de proceder centre 
cet individu conformement a ses droits, des qu'il serait surpris une 
autre fois sur le territoire Ottoman." 

You will recollect that in my despatch of August 4, I stated it to be 
one of the conditions of my proposal that if Koszta voluntarily landed 
in Turkey, American protection should be withdrawn from him. 

You will now make the necessary arrangements for Koszta's em- 
barkation and passage to the United States, in conformity with the 
terms of the foregoing arrangement; and you will take from Koszta a 
writing testifying his full and free agreement to the terms above stipu- 
lated. 1 send herewith a passport, to be duly vized and delivered to 
him at a proper time, and I renew the expression of my earnest desire, 
that, (neither at nor before the time of his embarkation, any public de- 
monstration or meeting of any sort in relation to this matter be allowed 
to take place, if it is in your power to prevent it. 

In case of any doubt or difficulty in arranging the details with the 
Turkish authorities, the French consulate, or Mr. Weichbechen, you 
will consult Mr. Brown, who v/ill deliver you this, and you will act in 
the whole matter under his general direction. 
I remain, &c., 

GEORGE P. MARSH. 

E. S. Offley, Esq., 

United States Consul, Smyrna. 



H. Doc. 91. 53 

D. 

Constantinople, September 19, 1853. 
Sir: You are already advised that the Austrian internuncio has sig- 
nified lo me his acceptance of my proposal for the release of Martin 
Koszta, and his return to the United States. I deem it highly expedient 
that the arrangements for this purpose be made under the supervision 
of an officer of this legation, and I request, accordingly, that you will 
proceed to Smyrna and give Mr. Offley such aid and directions as he 
may need in carrying out the general instructions I have given him. 

My letter to Mr. Offley, which I communicate to you herewith, con- 
tains the terms agreed upon by Mr. de Bruck and myself, and I leave 
the arrangements for executing them entirely to your discretion. 

Your expenses, of which you will keep an account, will be paid out 
of the contingent fund of the legation. 

I am, sir, &c., 

GEORGE P. MARSH. 
J. P. Brown, Esq., 

Secretary interpreter, U. S. legation, Constantinople. 



E. 

Therapia, September 19, 1853. 

Your Excellency: I have the honor to acknowledge the receipt of 
your excellency's note of the 16th instant, and to say, in repl}'-, that I 
have communicated to the American consul at Smyrna the terms agreed 
upon between 3'Our excellency and myself for the return of Martin 
Koszta to the United States, and given him general instructions to 
make the necessary arrangements in conformity with the terms pro- 
posed by me and accepted by the internunciature. 

I have entered into no detail in my instructions further than to say, 
that it is my particular request that no meeting or pubhc demonstration 
in occasion of this affair be allowed to take place ; and I have referred 
the consul, in case of any difficulty in arranging the details with the 
Austrian consulate, or with that of France, or the Turkish authorities, 
(which, however, I have no reason to apprehend,) to Mr. Brown, secre- 
tary interpreter of this legation, who proceeds to Smyrna by the Aus- 
trian steamer of to-day, and whom I have authorized to act in my be- 
half in the matter. 

The passport furnished Koszta is in the usual form, and filled up as 
follows : 

"Martin Koszta se rendrait aux Etats Unis d'Amerique, a bord du 
navire Americain le qui part incessamment de Smyrne directe- 

ment pour le port de . Et il est expressement defenda au dit 

Martin Koszta de changer de route ou de quitter le batiment avant que 
celui-ci ne soit arrive en Amerique excepie le cas de naufrage ou autre 
accident en mer." 

I pray your excellency, &c., G. P. MARSH. 

H. E. Baron de Bruck, 

Internuncio of H. I. M., the Emperor of Austria. 



54 H. Doc. 91. 

F. 

United States Consulate, Smyrna, 

Scpeinhtr 28, 1853. 

Sir : T have had the honor to receive from Mr. J. P. Brown your 
despatch of the 19th instant, wherein you transmit an extract from the 
internuncio's letter specifying the terms of the agreement entered into 
by yon tmd Mr. de Bruck, in regard to the release of Mr. Koszta. 

Allow me, sir, to make some remarks relative to the above agree- 
ment, which have induced me to inform Mr. J. P. Brown that I abstain 
from giving my assent for Koszta's removal from the French hospital. 
I particularly notice the following paragraph of the agreement: 

"Le gouverncrnent imperial se reserve cependant de proceder contre 
cet individu conformement a ses droits des qu'il serait surpris une autre 
fois sur le territoire Ottoman." 

This reserve made by the Austrian government to proceed against 
Mr. Koszta, in conformity with its rights, whenever he may again be 
found on the Ottoman territory, confirms the pretension of Austria, so 
loudly proclaimed by her to all Europe, that our conduct was an arbi- 
trary one, and consequently that our claims on Koszta were ill-founded. 
To accede to this agreement would be, therefore, a disavowal of our 
conduct, by our own free will, and before our government has pro- 
nounced thereon, at least to our knowledge ; Mr. Brown having told 
me that the legation had not received, up to the 17th instant, any news 
from the Slate Department relative to this question. 

As I had the honor of remarking after Koszta's rescue, if we had the 
right of acting as we did, we ought to uphold the principle on which 
we acted, unless we should receive contrary orders from the Depart- 
ment of State. As the signer of the convention, I do not feel author- 
ized to give my consent to the agreement, when it is against my own 
conviction — when I firmly believe that the paragraph in this agreement 
so closely touches the feelings and character of our country. Under 
similar circumstances, T would rather prefer being disapproved for an 
excess of zeal than submit the character of my country to a condition 
that, in my opinion and conviction, does not reflect to its credit. Further, 
as a point of right, our conduct has not been merely supported b}^ pub- 
lic opinion in the United States, by the Hon. Judge Douglas, but also 
by f very indepcndint newspaper in Europe. Moreover, after the despatch 
I have received from the State Department in answer to my report on 
Koszta's case, it seems to me requisite to postpone any further action 
until we hear again from our government. The despatcli is dated the 
13th of August, as follows : "Your interesting despatch under date of 
July 5, marked 'duplicate,' has been received, and the important 
questions to which it gives rise are now under grave consideration." 
Whereby I naturally infer that the Hon. Secretary of State will, most 
probably, and on an early opportunity, give his instructions and views 
on the matter. 

I requested from Mr. Brown to be informed, if he knew, how far 
you were bound by the agreement passed between yourself and Mr. de 
Bruck, and he seemed not to know, as he gave me evasive answers' 



H. Doc. 91. 55 

but it is apparently conditional, as it depends on Koszta's acceptance 
of the conditions mentioned in your above despatch. Therefore the 
dignity of the legation cannot suffer by the non-execution of the same, 
or by a postponement thereof. Further, having read to Koszta the 
terms above referred to, he replied that if he were to sign such a writing 
with the paragraph to which I have already referred, it would not be 
with his "full and free agreement;" but if, he added, the agreement is 
approved by the United States government, he would then unhesita- 
tingly do so. 

I shall also take the liberty to add, that as the above agreement has 
been sent by Mr. de Bruck to his government for its approval, it seems 
to me but rational that, under the circumstances, it should also be sub- 
mitted to our own for the same purpose. I shall send, by the first 
mail, to the Hon. Secretary of State, copies of our correspondence on 
the subject, and will await his instructions thereto. 

I have the honor to be, your obedient servant, 

E. S. OFFLEY. 

P. S. — The Austrian consul general has just called on me to have an 
understanding as to the means of embarking Koszta. I informed him 
that I deem it my duty to lay some remarks before the legation refer- 
ring to the agreement, and that, consequently, we will on a future day 
arrange the details aforementioned. 



G. 

Constantinople, September 26, 1853. 

Sir: Your letter of September 2Sd did not reach me till late last 
evening, after the departure of the Austrian post for Smyrna. 

It is\vith extreme regret that I perceive you have allowed unf )unded 
scruples to embarrass a question which is attended with much more 
difficulty and delicacy than you appear to be aware of. In commu- 
nicating" to you my proposal to Mr. de Bruck, on the 30th of July and 
4th of August, I stated it as one of the conditions, that if Koszta vol- 
untarily left the ship, our protection should be withdrawn from him. 
The ground on which I did this was my conviction that, if he were at 
libert3% the Turkish government would expel him from the country; or, 
if he persisted in re'maining, would allow the Austrian authorities to 
seize him. I am not advised that Koszta made any objection to these 
terms ; but, on the contrary, your letters give me reason to suppose 
that he was satisfied with them. 

You totally misapprehended the legal effect of the passage cited trom 
Mr. de Bruck's letter. The "rights" of Austria are her /f^«/ rights, 
and these are neither enlarged nor restricted by this reservation. If 
she had a legal right to seize'him in the manner he was seized, we are 
in the wrong in resisting the seizure, and should be equally so in resist- 
ing it if attempted hereafter. His return to Smyrna would give Austria 
no ncio rights, nor was this reservation inserted with a view to claim 



56 H. Doc. 91. 

any such. The reservation is no part of the agreement between Mr. 
de Bruck and myself", and it merely serves to indicate that, by con- 
senting to the release of \he j^erson, Austria does not intend to be con- 
sidered as waiving the pri7iciple for which, though desired by us, she 
has contended, and still contends, namely — the absolute legal jurisdic- 
tion over all those whom she claims as her subjects in the Turkish 
empire. It is not to be expected that, in corresponding with the Ameri- 
can authorities abroad, the Austrian officials will yield any question of 
principle. All such are reserved for discussion between the two gov- 
ernments, and I can ask no modification of the conditions proposed and 
deliberately agreed upon. On the other hand, there is no assent, on 
our part, to the principle insisted on by Austria; no admission that 
Austria can lawfully exercise the rights she claims in case of Koszta's 
return. My proposal before, in substance, communicated to you, and 
which I understand to be satisfactory to Koszta himself, contained no 
such condition. Mr. de Bruck, in accepting my proposal, says he is 
authorized "a regler I'arrangement y relatif d'apres I'offi-e que vous 
m'avez fait." 

I cannot follow your argument further, and it is enough to say that 
you have entirely misconstrued the object and legal meanmg of the 
reservation under discussion. 

I have received full instructions from the government of the United 
States on the subject, and, upon due consideration, I have to say that 
na other terms of release will be proposed by me than those already 
agreed upon, and that Koszta must accept them, if he expects further 
aid and countenance from this legation. The responsibility of declining 
them, and of all the consequences of that step, must rest upon himself; 
and, unless I receive immediate notice that he accedes to them, I shall 
inform the Austrian internuncio, and the French embassy, that he re- 
fuses to avail himself of the favojable arrangement made in his behalf. 

With respect to the written assent of Koszta, it should be remem- 
bered that it is a mere matter between himself and the legation, and is 
not intended to be communicated to the internunciature or government 
of Austria. 

There are, as I have already hinted, many difficulties and embarrass- 
ments attending the question ; and I hope Koszta will not have the folly 
to aggravate them, by a refusal to accede to terms which are certainly 
the best that Austria, not to mention other governments more or less 
directly concerned in the question, will consent to. 

I now repeat my instructions, that in case of further difficulty, you 
are to be guided by the direction of Mr. Brown, if still at Smyrna. 
I am, sir, &c., 

GEORGE P. MARSH. 

E. S. Offley, Esq., 

United States Consul, Smyrna. 



H. Doc. 91. 57 

H. 

United States Consulate, Smyrna, 

September 26, 1853. 
Sir: I had the honor of addressing you on the 23d instant, in an- 
swer to 3^our despatch dated the 19th of the same month, relative to 
Mr. Koszta, and I now beg to enclose herewith a copy of a note which 
I have since received from him, dated the 24th instant, wherein he 
gives his reasons for refusing to sign the writing you requested of him, 
testifying his consent to the terms of the agreement passed between 
yourself and Mr. de Bruck, and wherein he requests me to forward 
the same (the agreement) to the United States government for its ap- 
proval, which I shall do by to-morrow's French mail. 
I have the honor to be, sir, your most obedient servant, 

E. S. OFFLEY. 



[Translation.] 

Smyrna, September 24, 1853. 

Sir: You have had the kindness to inform me of the arrangement 
made in my behalf by his excellency Mr. Marsh with the Austrian 
minister at Constantinople, the last clause of which charges you to ob- 
tain from me written evidence of my full and entire consent to all the 
terms of that arrangement. 

By this convention, the right which Austria pretends to have to cause 
pohtical refugees on Turkish territory to be pursued and seized is 
openly avowed. Austria never had such right in Turkey; and even 
lately, the public opinion of the English and French governments has 
disputed this pretended right. 

1 am obliged to give a reversat* (to pledge myself) never to return 
to Turkey; and the moment 1 am again found upon Ottoman territory, 
the Austrian government reserves itself to proceed against my person 
according to its rights. Thus, by this arrangement, his excellency 
again gives a right to Austria which she does not possess at present, 
and guaranties rights which he disputes himself at this day, which will 
never be recognised by Turkey, and which will always be disputed 
by England and France. 

When I left for America, no one forbade me to return to the country 
whose government has tendered its hospitahty to all those who in 1849, 
on account of their misfortunes, have asked its protection. And shall 
this now be forbidden me? Shall I be prohibited from returning to 
Turkey as an American citizen? Thus again this convention seeks to 
accomplish more yet: it forbids an American citizen to return to Tur- 
key, and gives a right to Austria to cause an American citizen to be 
seized. At such a price I can accept neither life nor liberty. Never 

*"Donnez un reversat," — unintelligible. — Translator. 



58 H. Doc. 91. 

will I give my consent to an arrangement which strikes a blow at the 
sovereignty of an American citizen. 

These are the reasons why I cannot give you to-day mv written con- 
sent; and I beg that you will have the kindness to send this convention 
to America, and if the American government approves of it, I, who 
am so grateful, so much indebted to the government and the people of 
America, I shall deem it my duty to sign it without any further hesi- 
tation. 

Be pleased, in conclusion, to accept my compliments, and I am, &c., 

MARTIN KOSZTA. 

Mr. E. S. Offley, 

United States Consul at Smyrna. 



J. 

[Translation.] 

BuYUKDERE, September 1& , 1853. 

Monsieur le Ministre Resident: I have had the honor to receive 
the note you were pleased to address me yesterday, and I hasten to 
testify to you the pleasure I have experienced, on account of" the 
obliging manner with which you have appreciated the decision of the 
imperial cabinet, which I communicated to you in my letter of the 14th 
of this month. 

Nothing remains for us, therefore, than to provide the most proper 
means for carrying out the arrangement upon which we have agreed, 
concerning the transportation of Martin Koszta to America in a man- 
ner suited to the dignity of our two governments, and to the considera- 
tion they mutually owe each other. 

I shall confide the execution of this task to the consul general of 
Austria at Smyrna, and my instructions in relation to it will be for- 
warded to him on Monday next by the Austrian steamer, without the 
aid of a special messenger, and they will be confined to recommending 
him to select, in concert with the person deputed by you to superintend 
the embarkation of Martin Koszta, the moment and the place the 
most proper to avoid giving any fresh publicity to an affair which has 
already gained a degree of notoriety that cannot be sufficiently la- 
mented. 

Relying upon the delicacy of your sentiments, I have no doubt but 
that you will hasten to give your co-operation to that effect, and I beg, 
Monsieur le Ministre, that you will accept the renewed assurance of 
ni}^ distinguished consideration. 

D£ BRUCK. 



H. Doc. 91. 59 

K. 

United States Consulate, Smyrna, 

October 1, 1853. 

Sir : I had the honor to receive, on the 30th ultimo, your despatch 
under date of September 2G, and I now beg to enclose a copy of a des- 
patch that I have just received from the honorable vSecretary of State, 
dated the 31st August, on the subject of Koszta, which comes in sup- 
port of the remarks contained in my letter of the 23d instant, relative 
to the terms of the agreement between yourself and Baron de Bruck 
for Koszta's removal from the French hospital. 

I regret that I did not receive by to-day's boat an acknowledgment 
of my despatch of the 26th instant, wherein I transmitted you a copy ot 
a letter from Mr. Koszta, in which he states his reasons for refusing to 
give his consent to the terms of the above agreement, and wherein he 
requests me to submit it to the United States government for its approba- 
tion, which I have done, especially as 1 hoped you would have con- 
sented to this delay, which, in my opinion, he has the right to expect. 

I shall take the lilDerty to remark, that after the perusal of the above 
despatch from the Secretary of State, the legation canm)t refuse to 
Koszta its further aid and countenance, and that the threats of Mr. J. 
P. Brown to Mr. Koszta, "that the protection of the United States shall 
be withdrawn from him, and that the French consul will kick him out 
of the French hospital, should he continue to refuse to leave for the 
United States on the terms mentioned in the agreement," could not be 
put into practice without an infraction on the rights of men. 

Mr. Koszta begs me to inform you that he continues to keep good his 
engagement towards you, for leaving Smyrna on die terms mentioned 
in your letter of the 4th of August last, which did not contain the pro- 
viso of the Austrian government, relative to the reserve it makes of its 
right to proceed against him whenever he is again found on the Ottoman 
territory, which I trust you will be able to obtain. 

I have the honor to be, sir, your obedient servant, 

E. S. OFFLEY. 



L. 

Smyrna, September, 23, 1853. 

Sir: In compliance with your instructions, I have come down to this 
place, and the day before yesterday (the 21st) having learned that an 
American bark, the " Mimosa," would probably leave that same day, 
I proceeded, at an early hour after my arrival, to call upon the United 
States consul, and deliver him your letter of instruction^ fi)r hnn, with 
which jon charged me on the subject of the departure of M. Koszta for 
the Unitf d States. 

Mr. Offley, during my interview with him, objected to the execution 
of your instructions until he could hear from the United States. He 
disapproved of a part of the letter of the Austrian minister to you, (em- 
braced in yours to the consul,) in which it is stated that in case Mr. 



60 H. Doc. 91. 

Koszta " should return to this country, the Austrian government would 
proceed against him according to its rights." I told him that I differed 
from him in his view of this reservation, and urged him to carry out 
your instructions without any unnecessary delay. He informed me that 
the " Mimosa" could not take him, and that he had alread}' proposed 
it to the captain and been refused. During his interview he showed 
me a despatch from the Department of State, dated the 30th of August, 
acknowledging the receipt of the duplicate of his "interesting commu- 
nication" of the 5th of July, and adding that its contents were under 
"grave consideration." He spoke to me of another despatch received 
by him of an earlier date, reproaching him for not having addressed the 
department on the subject of the affair at Smyrna. He also said that 
he had received, in private, information from Washington, stating that 
the affair had received the President's approval. Beyond this, I did 
not learn from him that he had received any further information or in- 
structions from Washington respecting the wishes of the President. 
He appeared, however, to expect soon to hear from the government 
himself. Mr. Offley told me that the " Race Horse" would sail on the 
24th for Boston, and I hoped he would decide to take the proper meas- 
ures for carrying your convention into execution. He asked me what 
I thought he should do to execute your instructions, and I told him that 
he should address a letter to the Austrian consul expressive of his 
readiness to effect the arrangement entered into between yourself and 
the Austrian minister, and on receiving a proper reply, to engage a 
passage for Koszta in the " Race Horse." 

I explained to Mr. Offley that 1 was not aware that in your arrange- 
ment with the Austrian minister, you had admitted any rights over 
Koszta, nor that the minister had admitted your possession of any over 
him ; that these points would be elucidated in the discussion which, 
doubtless, was now being made between the American and Austrian 
governments ; that if the latter proves unable to make good its "rights" 
over him, which, of course, was our expectation, it would possess none 
hereafter over him ; so that the paragraph in question would be well, 
should Mr. Koszta at any future period ever return to Turkey. 

Mr. Offley did not communicate with me again on the subject until 
this morning, when he called to see me at the hotel where I am stay- 
ing. He brought with him a letter dated yesterday, and I was much 
surprised and pained to learn from him that he would not consent to 
the removal of Koszta from the French hospital agreeable to your in- 
structions. I again urged him to be governed by your views, but 
without success, he saymg that he felt the honor of his country was in 
his hands, and he would not consent. 

As, by the agreement entered into between Mr. Offley and the Aus- 
trian consul general of Smyrna, Koszta could not be released from the 
French consul's charge except on the joint demand of both these con- 
suls, I do not deem it proper to take any steps myself for carrying out 
your agreement with the internuncio, until I can hear further ffom you. 
I do not know that the French consul could, under the circumstances, 
deviate from his engagement, without an order to that effect from his 
own ambassador. 1 had thought of returning at once to Constantinople, 
but have concluded it best to wait here your further orders. The 



H. Doc. 91. 61 

" Race Horse" will not sail, I believe, before next Wednesday, and I 
may in the mean time hear from you. 

The Austrian consul general — so Mr. Offley has informed me — sent 
twice to him yesterday, to offer to carry out the agreement made by 
you. Mr. Offley has also bpen to see Koszta, and tells me tliat he will 
not give the paper desired by you, expressive of his consent and ap- 
proval of your convention, and of his willingness to proceed to the 
United States; I cannot, however, say that he has actually refused to 
give one. 

I feel that the objections made by Mr. Offley, if persisted in, will 
greatly embarrass you with the Austrian minister. To be thus thwarted 
by him, in a matter of so delicate a nature, will place the legation in 
an unpleasant light. I do not see any utility to grow out of it ; for 
supposing that the two governments discuss the question of Koszta's 
nationality, and their respective (supposed) rights over him fur a year 
to come, and this without either convincing the other that it has no 
"rights" over Koszta, it seems to me that it would, in the mean time, 
be much better for him and the French consul, as well as for public 
opinion, that he should thus have been given up to us and put on board 
an American vessel, with an American passport. I can scarcely be- 
lieve the President will send a ship-of war expressly to take him by 
force from the French consul's charge. The arrangement which Mr. 
Offley himself made with the Austrian consul general here, when 
Koszta was pufon shore from the Austrian brig-of-war, struck us as 
sustaining no right whatever on the American side. It sent him to the 
French priso7i, where he was to be confined at the expense of the Aus- 
trian consul general. And, moreover, I cannot forget that Mr. Offley, 
when he originally wrote to me from this place about Koszta, wholly 
abandoned him as one not having any rights to the protection of our 
government, and that it was only on my own decision and instructions 
that he acted upon my demand ibr his release. T may add, also, that 
on my instructions Commander Ingraham effected Koszta's freedom from 
the Austrian brig. Now, however, it is the legation (according to Mr. 
Offley) that has not a proper sense of the honor of our government and 
country, but both exist wholly with him. 

Mr. Offley did not come to see me yesterday, and I believe, from his 
own statement, he called to see Koszta. I have no reason whatever to 
believe that he used any argument to induce Koszta to be governed by 
your convention in his behalf. His own pretension leads him to wish 
to do something in the matter which would place the legation in an un- 
favorable light. He does not hesitate to ask the legation for instruc- 
tions whenever a responsibility must be taken, but shows very little 
consideration for it when it expects his co-operation or conformance to 
its views. He appears to recognise in it no superior authority to his 
own ; and will not, I apprehend, be ever prevailed upon to carry out 
the convention made by you. 

I have the honor to enclose his reply to me, and remain, Sec, 

JOHN P. BROWN. 

Hon. G. P. Marsh, 

Comtantinoplc. 



62 H. Doc. 91. 

M. 

Constantinople, October 3, 1853. 

Sir : I have the honor to report to you that finding it impossible to 
execute or carry into force the convention. made between you and the 
internuncio, for the immediate release of Koszta from the French con- 
sul's charge, and his departure for the United States in an American 
vessel, I have returned here this morning from Smyrna. 

Referring you to my previous report on this subject of the 23d 
ultimo, and to the opposition which I found at Smyrna on the part of 
the United States consul, Mr. Offley, to your convention, and the posi- 
tive refusal of Koszta to avail himself of the facility offered him for 
leaving the French hospital in which he is still confined, locked up, 
and under the charge of a guard to prevent his escape, I would here 
only add that I have returned to Pera so as to be able to give you fuU 
explanations on the same. 

On learning from Mr. Offley that he personally objected to your con- 
vention, and would not give his signature for the release of Koszta from 
the hospital, I visited the French consul and explained to him that the 
delay was not due to nie, nor to the legation. The French consul ex- 
pressed himself very desirous of being relieved as early as practicable 
from the charge of Koszta, and said that he would allow him to depart 
at once, on my signature, should he be so instructed by his ambassa- 
dor. He remarked that, though he comprehended Mr. Offley's objec- 
tions to the convention, yet that he could not consider him right in as- 
suming a position of opposition to a matter wholly of a diplomatic na- 
ture, which did not concern him, and for which he could not be held 
responsible. 

After receiving your instructions of the 26th ultimo, in which you 
informed me that, should Mr. Offley still refuse his signature for 
Koszta's release from the charge of the French consul, my own could 
substitute it, and that instructions to this effect had been sent to the 
French and Austrian consuls at Smyrna by their respective embassies, 
I enclosed j^our letter to Mr. Offley in one from myself, begging him to 
let me know his intentions. Not showing in his reply any willingness to 
give his signature for his release, I addressed a letter at once to the 
Austrian consul general, offering to proceed without further delay to 
execute your convention. In place of allowing me to call upon him, 
the Austrian consul came immediately to see me at the hotel, and we 
agreed upon a joint demand on the French consul for Koszta, after 
which he would be escorted on board the first American vessel de- 
parting for the United States by a guard from either consulate. 

I next went to see the French consul and communicated the arrange- 
ment to him. I called also to see Koszta in the hospital, to inform him 
of what we proposed doing. He appeared much pleased to see me, 
but informed me that he objected to the clause in which the Austrian 
government reserved its "rights" over him -in case of his return to 
Turkey hereafter. Seeing that he had received an erroneous impres- 
sion of the clause in question, I explained to him its true meaning ; that 
it was simply an assertion that whilst the Austrian government ac- 
ceded to your proposal for his immediate release, on condition that he 



H. Doc. 91. 63 

wouLl proceed to the United States, it did not make any admission 
thereby that it had no right to him ; that the rights of both governments 
were the subject of discussion between the two governments, and that 
whilst this discussion was being carried on (and it might be protracted 
for many months) there was no reason why he should conthiue to in- 
commode the French consul with detaining him. I added, also, that 
no one could foresee the result of this discussion, which might end less 
favorably to him than the conditions of the convention already made by 
you. I need not add more than that Koszta ended by the assertion 
that he would neither believe my explanations nor accept of the con- 
vention. In place of giving me a paper of acceptance of your agree- 
ment in his behalf, I suggested to him to please himself, and address 
you a protest against the " reservation of rights" made by Austria ; but 
this he also refused, on the ground that as he had made no such protest 
heretofore, he should not do so now. Finding my efforts unavailing, 
I gave him until noon of the following day for reflection; I told him 
that the French consul would not permit him to continue in his hospital, 
and, should he refuse to go on board the American vessel, would most 
probably require him to leave it immediately ; that you had received 
full instructions in his case, and would make no modifications of your 
convention; but that, in case he refused to avail himself of it, refiase 
him any further aid or countenance. 

I subsequently sent a friend of Koszta to see and urge him to cease 
his opposition to your convention ; and this person visited him twice 
on my part — at first without success, but on the second interview 
he returned and informed me that Koszta agreed to go to the United 
States, but wished me to give him the jDrevious statements in writing, 
which I offered to do. 

I now called again on the French consul, and after stating what had 
occurred, expressed my desire to make an arrangement wiih him by 
which Koszta could be put on board the vessel without my remaining 
for that purpose any longer in Smyrna. The consul begged me, how- 
ever, not to leave until he was gone ; for, he said, he apprehended fur- 
ther trouble on the part of the American consul. He told me that he 
believed Mr. Offley had heretofore not been very popular among Ameri- 
cans in Smyrna, and would evidentl}^ endeavor to make a character 
for himself out of the present affair. During our interview, Mr. OfHey 
came in and showed me a despatch from the department of the 31st of 
August, approving of his conduct (Captain Ingraham's) and the course 
pursued by the legation, in which Koszta is spoken of as an " Ameri- 
can citizen." Having learned that Koszta was to be released on my 
signature, he became greatly excited and exchanged some very angry 
remarks with the consul. 

After this I called to see Koszta to give him the written statement 
which he had desired from me, and learned with surprise and regret 
that he would not leave except on compulsion, which he said he had 
been informed, by his friend, 1 told him the French consul was disposed 
to use for the purpose of putting him on board the vessel. I again used 
every argument and assurance in my power to induce him to change 



64 H. Doc. 91. 

this determination; but finding them useless, and feeling the inutility of 
my further stay in Smyrna, I have returned. 
I have the honor, &c., 

JOHN P. BROWN. 
Hon. G. P. Marsh. 



Mr. Marsh to Mr. Marcy. 

[Extract.] 

[No. 59.] Constantinople, October 15, 1853. 

Sir: In consequence of an illness which has confined me to my 
room for several days, and of the absence of Ali Pacha, I am not able 
to furnish full information on the points of inquiry suggested in Koszta's 
case by this mail, but hope to forward it by the next post. 

I learn, however, from Mr. Brown, who had an interview with Ali 
Pacha a few days since, that the Pacha states that the Austrian govern- 
ment demanded the internement ofKossuth and certain other individuals, 
and the expulsion from Turkey of the other refugees, and that it was in 
compliance with this demand that Koszta was sent to England. 

From a commentary on the Austrian civil code published in Italy, 
and apparently a work of authority, it would seem that the bare act of 
leaving the Austrian territory without the consent of the government, 
and without the intention of returning, involves the law of all the rights 
of citizenship. I have not been able to procure the text of the code, 
but it has been promised me, and I hope soon to be able to obtain it. 

I have the honor to be, sir, your obedient servant, 

GEORGE P. MARSH 
Hon. W. L. Marcy, 

Secretary of State. 



Mr. Marsh to Mr. Marcy. 

[No. 60.] Constantinople, October 20, 1853. 

Sir : I enclose herewith copies of a recent correspondence between 
mj'self and Mr. Offley, United States consul in Smyrna, in reference to 
the case of Martin Koszta, who has sailed from Smyrna for the United 
States. 

I am willing to leave my own conduct in this affair to the judgment 
of my government, without further observation ; nor have I any per- 
sonal resentments to gratify towards Mr. Offley, much as I disapprove 
his untimely interference with the arrangements which had been con- 
cluded to relieve all parties from the embarrassing position in which 
they were placed. At the same time I cannot forbear to remark, that 
it is impossible for this legation to maintain a position of respectability 
or uselulness, if ignorant and presumptuous subordinate officials are 



H. Doc. 91. 65 

permitted to overrule its decisions, and defy its authority, for the sake 
of giving themselves a flictitious importance, or of gratifying a private 
malice against the head or any of the officers of the legation. 

I am aware that the jurisdiction of American ministers over the con- 
suls of their nation is, in general, less extensive than that of the Euro- 
pean legations over their consulates ; but, in the present instance, there 
can be no doubt that the conducting of the whole affair was a matter 
withiri the proper competence of the legation, and I trust that the con- 
tumelious treatment of its officers and its authority by Mr. Offley will 
be visited with such reprehension as it deserves. 

I have the honor to be, sir, j'our obedient servant, 

GEORGE P. MARSH. 

Hon. W. L. Marcy, 

Secretary of State. 



Constantinople, October 5, 1S53. 

Sir : Yours of the 26th ultimo, with its enclosure, reached me only 
on the 1st of October, but the delay was of no importance, as it con- 
tained nothing calculated to change my views of the merits of the 
question, or of my own duty with respect to the matter in issue. As 
the head of the legation, and as a professional lawyer, I cannot consent 
to be governed by the opinions of Mr. Koszta on questions of the legal 
effect of written instructions, or of municipal or international law, and 
he must abide by the decision of the legation, or suffer the conse- 
quences. 

You will remember that you had decided that Koszta was not enti- 
tled to protection, and that it was only upon correspondence with the 
then acting charge d'affaires that Captain Ingraham interfered in his 
behalf. You are also aware that the Department of State has com- 
mitted the charge of the matter not to you, but to the legation. The 
Secretary's letter to you refers only to the fact, and contains no direc- 
tions in respect to the future course to be pursued towards Koszta ; 
whereas, as I have already informed you, I have been fully instructed 
by the Secretary of State on the whole subject. Under these circum- 
stances, it seems to me so incredible that you or Koszta should have 
deliberately refused the respect which the opinions and the obedience 
to the authority of the legation demand, both upon general princi- 
ples and because the government has specially committed the subject 
to its charge, that I have preferred to ascribe your conduct and that of 
Koszta, in the affair, rather to an irritation growing out of your personal 
relations with Mr. Brown, than to a settled purpose of attempting to 
overrule the decision and the instructions of the only authorii}^ respon- 
sible in the maiter. 

Presuming, then, that upon reflection you will be disposed to take a 
different course of action, I now repeat that the reservation in Mr. de 
Bruck's lettei is no part of the agreement between him and myself; 
that no assent to the principle insisted on by Austria has been given 
by me, and that the reservation has no legal effect whatever on the 
rights of the Austrian government, or of Koszta. 
5 



66 H. Doc. 91. 

1 shall propose to Mr. de Bruck no modification of the terms already 
agreed upon; but I do not wish to be compelled to resort to an exercise 
of the authority of the legation in a way which might be attended 
with unpleasant consequences to you or to Koszta, and I therefore re- 
peat the offer of sending him to America, at the expense of the legation, 
on the terms of my letters of the 4th ol August, and of later date ; and 
this is the last proposal this legation will make to him, or in his behalf. 
So far, however, as his written consent is concerned, I have already 
said to you that it was not intended to be communicated to the Aus- 
trian authorities, nor was it stipulated with Mr. de Bruck that any such 
paper should be given. It is proper he should give such assent, but I 
attach no importance to it ; and if he supposes there is any danger in 
giving it, I am willing to waive it. 

I now expect that he will embark by the next American vessel, and 
I trust that you will not assume the very serious responsibility of throw- 
ing any obstacles in the way of the execution of the agreement entered 
into for his liberation. I shall expect an early reply, and am, 

G. P. MARSH. 

Edward Offley, Esq., 

Consul 'if the United States, Smyrna, 



United States Consulate, Smyrna, 

October 17, 1853. 

Sir: Referring to the despatches I had the honor of addressing you 
on the 14th instant, I now beg to inform you that the embarcation of Mr. 
Martin Koszta took place on that day (14th) at about 5 o'clock p. m. 

I did all in my power to avoid the arrangements made here between 
Mr. John P. Brown and the Austrian consul for Koszta's embarcation, 
as they would have tended to show that he had been embarked as a 
prisoner, it having been agreed upon between them that Koszta was to 
have been conducted on board by two guards, one of each consulate. 
This I positively refused to the Austrian consul, who then agreed to 
send his first interpreter, and the embarcation took place in the follow- 
ing manner : 

Captain Watson, the master of the Sultana, was on my right, and 
Koszta on my left ; then followed the officers of this consulate, the 
French consul, Mr. Pichen, a number of Koszta's friends, and the Aus- 
trian interpreter. We were preceded by my cavass and those of the 
French consul. On our arrival at the wharf of the French hospital, a 
boat of the barque Sultana, with American colors, was in attendance, 
in which Koszta, Captain Watson, and myself, went on board. On 
leaving the vessel, Mr. Koszta handed me a letter, a copy of which I 
beg to enclose. Early on the morning of the 15th the barque Sultana 
sailed for Boston. 

I have the honor to enclose a receipt from Captain Watson for one 
hundred Spanish dollars, the amount of Koszta's passage-money, accord- 
ing to jj-our instructions. I have also taken upon niyself to pay four 
Turkish gold pieces of 100 piasters each, which I gave to the cavasses 
or guards wko attended on Koszta at the hospital, according to the cus- 



H. Doc. 91. 67 

torn of this place, of which I hope you will approve. I will be oblio-ed 
to you if you will remit me the above amounts at your early conve- 
nience, either in cash per steamer, or in an order from your bankers to 
their agents here. 

I remain, sir, your obedient servant, 

E. S. OFFLEY. 
Hon. G. P. Marsh, 

United States Minister Resident, Cojistantinople. 



[Translation.] 

Smyrna, October 14, 1853. 

Monsieur le Consul : As you have informed me that the minister 
resident at Constantinople had assured you that the reservation did not 
concern, nor form part of, the agreement entered into between himself 
and the internuncio of Austria, and that he had not given his consent 
to this fatal reservation, which seems to me to protect my interests, my 
dignity, as well as the honor of the government that has been pleased 
to defend me in that case, I will embark lor the United States, in order 
to avoid, above all, any further embarrassment to the legation and to 
the consulate. 

But in order that it may be well proved, that by this act I never in- 
tended to acquiesce in a doubt, the effect of which would be to destroy 
the liberty of the individual, I make my present solemn declaration. 
Being free like all citizens, I intend to keep and to preserve the right 
of going and of coming wherever my business demands, seeing that the 
right of circulation is the first exercise of freedom, and this without 
ceasing to enjoy the protection of the noble flag under the aegis of which 
I have placed myself. 

I beg, Monsieur le Consul, that you will bear witness to my declara- 
tion, in order that no one may attribute any other reason to my depart- 
ure. 

J have the honor to remain, with the liveliest gratitude. Monsieur le 
Consul, your humble servant, 

MARTIN KOSZTA. 

Mr. E. S. Offley, 

Consul of the United States at Smyrna. 



Constantinople, October 20, 1853. 

Sir : I have received your letter of the 17th October, 1853, and 
have requested Messrs. Ede & Co., of this city, to forward you, through 
their correspondent at Smyrna, one hundred Spanish dollars, advanced 
by you to pay the passage of Martin Koszta to America. 

As to the gratuity to the cavasses, whether proper or not, it was not 
a strictly necessary expenditure, and for that reason I cannot allow it 
as chargeable to the contingent fund of this legation ; but it is possible 
that the government may deem it a fit item to be formed in your con- 
sular accounts* 



68 H. Doc. 91. 

With respect to the communication from Mr. Martin Koszta, of which 
3^011 have enclosed me a copy, I have only to say, that I regret that 
that individual should throughout have shown himself so unworthy the 
interest that has been excited, and the efforts that have been made in 
his behalf; and still more that his foll}^ impertinence, and obstinacy, 
should have been encouraged, if not prompted by the Austrian citizens, 
who ought rather to have endeavored to inspire him with sentiments of 
decent respect and gratitude towards the authority which assumed the 
heavy responsibility of interfering to protect him after he had been 
abandoned to his fate by the American consulate at Smyrna. 

The arrangements made between Mr. Brown and Mr. Weckbecker 
for Koszta's embarcation was altogether proper, and your refusal to 
carry them into effect, as well as your general course of action in the 
whole affair, will be duly reported to the American government, which 
will, I doubt not, take such notice of3'our conduct as it merits. 

I am, sir, &c., your obedient servant, 



E. S. Offley, Esq., 

United States Consul, Smyrna. 



GEORGE P. MARSH. 



Mr. Marsh to Mr. Marcy. 

[No. 62.] Constantinople, November 5, 1853. 

Sir : I have the honor to enclose herewith a report from Mr. John 
P. Brown, of the result of his inquiries at the Porte in respect to the 
circumstances under which Martin Koszta was expelled from Turkey. 

The facts stated by Mr. Brown, and those communicated by me in 
former despatches, contain all the information I have yet been able to 
obtain in definite form on the subject. 

I think it doubtful whether any ivriften demand was ever made for 
the expulsion of the refugees from the Turkish territory, (though that 
supposition is by no means improbable,) but the fact that such a de- 
mand was orally made is so notorious here that no person would pre- 
sume to dispute it at Constantinople. 

Negotiations with the Porte are always, in a great measure, oral ; and 
it is only in regard to the conclusion of conventions or treaties, or to 
matters requiring to be referred for examination to particular bureaus, 
that written communications are usually made. 

While this question was pending I was in very frequent personal 
communication with Ali Pacha, then Minister of Foreign Affairs, and 
well remember that the demand of the expulsion of those persons by 
Austria was more than once mentioned between us. I must admit, 
that it was then generall}^ understood at Constantinople that the refu- 
gees so expelled were not to return to Turkey, though I do not know 
that any written or other formal engagement to that effect was exacted 
of them. The expulsion was accepted by Austria as a substitute for 
extradition, and I have no doubt that it was understood by all parties 
as intended to be perpetual, or that the Porte would have felt itself at 
all times bound, according to the spirit of the engagement, to re-expel 



H. Doc. 91. 69 

any of the refugees who should return to the Turkish dorpinions after 
having been sent out of them by the government. 

I have the honor to be, sir, your obedient servant, 

GEORGE P. MARSH. 
Hon. W. L. Marcy, 

Secretary of State. 



Pera, October 25, 1853. 

Sir : I have the honor to report to you, that, agreeable to your in- 
structions, I have made inquiries on the subject of the expulsion from 
the Turkish empire of Mr. Martin Koszta and the other political refu- 
gees who were sent, in 1851, in one of the Sultan's steamers of war to 
England, whence many of them proceeded to the United States. 

His excellency Ali Pacha, now not in office, and who was Minister 
of Foreign Affairs during the period of the Hungarian revolution, and the 
difficulties growing out of the refuge which the Hungarians, Poles, and 
Italians found in the Ottoman dominions, informed me a few days since, 
that after Kossuth, Bathyain, and other Hungarian chiefs, were inter- 
nated at Kutahia, the Ottoman government, "at the desire and with 
the knowledge of the Austrian government," expelled Koszta and many 
others from this country, by sending them, as asserted, to England. 
Many others who remained at Shumla after the removal of the chiefs 
to Kutahia were allowed freely to come to this capital, and it is not 
known that the Austrian government made any further demand about 
them. The present first dragoman of the Porte, his excellency Nouel 
Deu Bey, has made a similar statement to me ; i. e., that Koszta, and 
many others of the refugees then at Kutahia, were expelled from this 
countiy at the demand of Austria, or, to use his own language, 
"Eloigne de la Turquie par le desir et avec la connoissance de la lega- 
tion Autrichienne." 

I liave been unable to procure a copy of the demands made at this 
time by the Austrian legation, though the dragoman of the Porte be- 
lieves that it possibly may be contained in some of the official commu- 
nications made at the lime by the Austrian legation. 

I yesterday had a conversation with his excellency Rechib Pacha, 
now Minister of Foreign Affairs, and who, at the period referred to, was 
grand vizier. He could not remember whether the persons alluded to 
were expelled from this country or not at the demand of Austria. He 
gave me full permission to make inquiries at the bureau of foreign 
affairs, and that of the grand referendary of the Porte, (Amidgi,) for 
documentary evidence of the circumstances, but I found the superior 
members of the bureau so much occupied with the important question 
of the present period, that I could not induce them to have the volumi- 
nous correspondence examined. 

I may add that it is a matter of public notoriety hei^, that the refu- 
gees in question were sent out of Turkey at the demand of the Austrian 
legation. The Austrian consul general, Michauwish, on the occasion 
of the affair of Koszta, stated to me, (what I believe to be erroneous,) 
that when ibey were expelled from Turkey, they made an engagement 



70 H. Doc. 91. 

never to return to it again. This statement, made as an argument 
against the legality of Koszta's return, (and therefore of the legality ot 
his arrest by the Austrian consul general of Smyrna,) goes to show that 
this expulsion was intended by Austria as an eternal banishment and 
an expatriation forever, from what she considers as her jurisdiction over 
all Austrian subjects in the Ottoman empire. She has, consequently, 
herself severed the bonds which existed between her and the refugees, 
especially in Koszta's case. 

I have the honor to be, sir, with much respect, your obedient 
servant, 

JOHN P. BROWN. 

Hon. G. P. Marsh, ^f., Therapia. 



Mr. Marsh to Mr. Marcy. 

[No. 65.] Constantinople, December 14, 1853. 

Sir : I have the honor to acknowledge the receipt of your despatch 
No. 31, of September 27, 1853, and to report that I have fulfilled your 
instructions. 

As 1 have explained in former despatches, business with the Porte is 
in the main transacted orally, and it is not usual to make written com- 
munications to the Ottoman government, except in matters of technical 
negotiation, or where a reference to some bureau is likely to be re- 
quired. 

For this reason I did not address a note to the department of foreign 
affairs, but took a convenient opportunity to communicate verbally the 
contents of your letter to Rechib Pacha, now at the head of that de- 
partment. 

The Pacha received the communication respectfully, but made no 
reply. I ihink myself authorized, however, from previous conversa- 
tions with the Minister of Foreign Affairs and other eminent personages, 
to say that the Ottoman government does not feel aggrieved by the 
course pursued by Mr. Brown and Captain Ingraham ; and I do not 
believe the Porte will be induced, by reasons of state, to express a dis- 
satisfaction which it does not feel. 

I have the honor to be, sir, your obedient servant, 

GEORGE P. MARSH. 

Hon. William L. Marcy, 

Secretary of State. 



H Doc. 91. 71 



MESSAGE 

FROM 

THE PRESIDENT OF THE UNITED STATES, 



COMMUNICATING, 



In compliance with a resolution of the Senate, the correspondence between the 
United States consul at Smyrna, and the American legation at Constanti- 
nople, and between said consul and this government, in relation to Martin 
Koszta. 



April 6, 1854. — Ordered to lie on the table, and be printed. 



To the Senate of the United States: 

I transmit to the Senate a report of the Secretary of State, with 
accompanying documents, in compliance with their resolution of the 
14th ultimo. 

FRANKLIN PIERCE. 

Washington, April 5, 1S54. 



Department of State, 

Washington, April 5, 1854. 

The Secretary of State, to whom has been referred the resolution of 
the Senate of the 14th ultimo, requesting the President "to communi- 
cate to the Senate, if not in his judgment incompatible with the public 
interest, copies of the correspondence between the American consul at 
Smyrna and the American legation at Constantinople, and also be- 
tween said consul and this government, on the subject of the seizure of 
Martin Ko.szta by the Austrian authorities," has the honor to lay 
before the President a copy of the documents called for by the reso- 
lution, which have not before been communicated, and specified in the 
accompanying list. 

Kespectfully submitted: 

W. L. MARCY. 

To the President of the United States. 



72 H. Doc. 91. 



List of documents accompanyivg the report of the Secretary oj State of the 

5lh of April, 1854. 

Mr. Offley to Mr. Marcy, July 5, 1853. 

Same to same, (enclosure,) July 16, 1853. 

Same to same, (extract,) No. 42, August 5, J 853. 

Mr. Mann to Mr. Offley, August 6, 1853. 

Mr. Marcy to same, August 13, 1853. 

Same to same, August 31, 1853. 

Mr. Offley to Mr. Marcy, No. 40, (enclosures,) September 17, 1853. 

Same to same. No. 46, (enclosure, September 27, 1853. 

Same to same, No. 47, (enclosure,) October 7, 1853. 

Same to same, No. 48, (enclosures,) October 7, 1853. 

Same to same. No. 49, (enclosure,) October 7, 1853. 

Same to same, No. 50, (enclosure,) October 17, 1853. 



Mr. Offley to Mr. Marcy. 

United States Consulate, Smyrna, 

July 5, 1853. 

Sir: I have the honor of laying before you the following occurrence, 
which has lately taken place in this city: 

Late in the evening of the 22cl of June last, I was informed that a 
Hungarian refugee, with an American passport, had been forcibly ar- 
rested by a band of armed hirelings, who had been employed for this 
purpose by the Austrian consul of Smyrna, and they took him on board 
of the "Hussar," an Austrian brig-of-war lying in this port. 

I immediately apphed to the governor of this city, intbrming him of 
the occurrence, stating that if the refugee who had been arrested was 
really the holder of an American passport, I claimed him from the 
Turkish authorities. Some hours after, at about midnight, a person 
called on me and handed me a document which he stated he had taken 
irom the trunk of the person that had been arrested. This document 
is a copy of a declaration made in the court of common pleas for the 
city and county of New York, on the 31st day of July, 1852, bv Martin 
Koszta, an Austrian subject, wherein he declares, on oath, that it is his 
intention to become a citizen of the United States. Martin Koszta 
is one of the Hungarian refugees who were kept in "Kutahia," with 
Kossuth. 

In February last he arrived here from Boston, and shortly after his 
arrival called at this consulate to show me the declaration aforemen- 
tioned, stating that he intended to remain here for one or two months, 
and wished to know if I could, in virtue of said declaration, give him 
the protection of this consulate, as a "citizen of the United States," 
during his stay here. I told him that as he had not fulfilled the re- 
quirements of the law of naturalization, I could not consider him as an 
American citizen, but that I would grant him my unofficial influence in 



H. Doc. 91. 73 

case he might have any difficulties with the authorities, and advised 
him to leave this country as soon as possible, as it would be imprudent 
for him to stay here without the protection of some consulate. 

On the 23d, the morning after his arrest, the United States corvette 
the "St. Louis" came in sight, and on her arrival I went on board 
and related the circumstances of the case to Commander D. N. Ingra- 
ham, who had already been informed of the arrest by a deputation of 
refugees, who had gone on board for that purpose, and who had told 
him that Koszta was a citizen of the United States, and that they 
claimed the protection of the American flag in his behalf Under these 
circumstances, we considered ourselves bound to go on board the brig 
and see Koszta, and ask him on what grounds his friends claimed for 
him American protection. On our arrival, we asked the officer of the 
watch if the captain were on board, who replied that he had gone 
ashore to see the consul. We then intormed the officer that we had 
come to see the man who had been seized the day previous, and who 
was confined on board the brig. He rephed that no such person was 
there. We then went to the Austrian consul and requested him to 
allow us to interrogate Koszta in regard to his nationality, who an- 
swered that as he had given him up to the commander of the brig, he 
could not interfere in the matter, and that we ought to see the com- 
mander of the brig, where Koszta had been sent after his arrest. We 
then told him that we had just come from on board of the brig, and 
that the officer of the watch had told us that the commander was at the 
consulate, and that no such person had been sent on board of their 
vessel. This contradictory statement led us to think thnt an under- 
standing had taken place between the consul and commander of the 
brig, in order that we might not be allowed to see Koszta. However, 
we firmly insisted on seeing him, and after many objections the Aus- 
trian consul agreed to send tor the commander of the brig, and asked 
him if he were willing to allow us to go on board and see Koszta, to 
which the commander acceded, and we went on board with him and 
the consul. We found Koszta in chains, guarded by two men, and he 
appeared confused by the ill treatment of the previous day. We inter- 
rogated him on what grounds his friends claimed for him American 
protection, and if he had an American passport; he replied that he had 
not any, and that he had nothing but the declaration already mentioned, 
which he had shown me on his arrival in this city, upon which 1 left 
the brig with Commander Ingraham, without our having expressed any 
opinion on the matter. 

On the 24th I addressed a letter to the United States legation at 
Constantinople, reporting the illegal act committed by the Austrian 
consul, in order that it might take such steps as it should deem proper 
for the release of said Koszta. 

On the evening of the 28th a letter was sent on board the " St. 
Louis," informing Commander Ingraham that Koszta was to be sent 
next morning, at daylight, on board the Austrian steamer that was to 
leave that day for Trieste, begging his interference in order that this 
might be hindered. On receipt of this letter. Commander Ingraham 
addressed a note to the commander of the brig, acquaiutmg hnn of the 
foregoing, and that as he expected to hear from the United States mm- 



74 H. Doc. 91. 

ister at Constantinople in regard to Koszta's case, he earnestly pro- 
tested against Koszta being sent away from this port before then. The 
commander of the brig informed Commander Ingraham, in reply, that 
he was altogether dependent on the Austrian consul respecting Koszta. 
On the 29th, at daybreak, the St. Louis got under way, and anchored 
ahead of the Austrian brig. On the same day I received a letter from 
the legation, under date 27th June, in answer to mine of the 24th, re- 
questing me to continue my officious aid and intercession in behalf of 
M. Koszta, informing me that the legation had applied to the Aus- 
trian minister for his immediate release. On receipt of this letter, I 
went on board the St. Louis and communicated its contents to Com- 
mander Ingraham. During my interview with him as to the means to 
be adopted in behalf of Koszta, one of the officers of the corvette 
entered the cabin and told the commander that the Auslrians were 
loading their guns. Commander Ingraham then gave orders to load 
the guns of the St. Louis. Commander Ligraham and I decided that 
I should go to the Austrian consul and endeavor to effect the release 
of Koszta, or that he should at least be kept here until we should hear 
further from the legation of the result of its letter to the Austrian min- 
ister. I therefore called on the Austrian consul, and my efforts for 
his release having proved unavailing, I then requested that he should 
be kept here until further instructions from Constantinople. He at 
first told me that he could not comply with my wishes, having received 
orders to send Koszta by the steamer that was to leave on that day for 
Trieste. Under these circumstances, I suggested the proprietj^ of his 
keeping Koszta here at least for eight days, but he refused to grant my 
desire, and it was only after much opposition on his part that 1 was 
enabled to obtain a promise that he should not be sent away before 
Saturday, the 2d instant. 

The steamer that came in on he 2d instant, from Constantinople, 
brought me a letter from the legation, under date of the 30th ultimo, 
which was handed me by one of its officers, who was sent here by the 
legation for that purpose, wherein Mr. J.' P. Brown, charge d'affaires, 
intimates that Koszta might be released on the grounds that he had re- 
nounced all allegiance to Austria, and taken an oath of allegiance to 
the United. States, and that Commander Insfraham and I should have 
another interview with Koszta; "and on any remark from him, calling 
for your protection, take him." On receipt of this letter, 1 immediately 
went on bond of the St. Louis to inform Commander Ingraham of its^ 
contents, and to deliver a letter that Mr. Brown had enclosed to the 
commander's address, under date 28th ultimo, requesting him to allow 
me to peruse it, wherein Mr. Brown says: "If I thought you would 
be governed by my instructions, they would be to demand him (Koszta) 
in the most formal and positive language of the Austrian commander, in 
my name, as representative of the United States ;" and adds, "in case 
of a refusal to deliver him, founded on the pleas that he had renounced 
all allegiance to Austria, and that, having taken the oath of allegiance 
to the United States, he has a claim upon our protection, I icould take 
him ovt of the vcssel.^^ After a short consultation with Commander In- 
graham, we agreed that he should go on board, and see if Koszta called 



H. Doc. 91. 75 

for American protection. On his return, he informed me that when on 
board the brig he had demanded Koszta's release, and had given the 
Austrian commander three hours' delay for effecting it — (till 11 o'clock 
a. m.) 

As I considered this delay not sufficient to take the necessary steps 
under the circumstances, I suggested to Commander Ingraham the pro- 
priety of extending it till 4 p. m., trusting that I might be enabled to 
come to some satisfactory understanding with the Austrian consul, so 
as to avoid the effusion of blood, and all the other consequences that 
might have ensued from an attempt to obtain Koszta's release by force. 
Commander Ingraham consented to my suggestions, and wrote a letter 
to the commander of the Austrian brig, demanding Koszta's release by 
4 o'clock p. m. I took a copy of Commander Ingraham's letter and 
went to the Austrian consul, with whom I used all my efforts, so that 
Commander Ingraham's demand should be complied with; but after a 
very long debate, the Austrian consul positively refused to release 
Koszta. I then explained to him fully the consequences that would no 
doubt result from his refusal, upon which he proposed that Koszta 
should be kept here on board of the brig "for a week, a month, or even 
a year," until the question should be settled by the United States lega- 
tion and the Austrian embassy at Constantinople. I took advantage of 
this opening to enter into negotiations, and after many difficulties I suc- 
ceeded in making a convention with the Austrian consul, subject to 
Commander Ingraham's approval, whereby it is stipulated that Koszta 
is to be delivered to the French consul of this place, who is not to give 
him up until a collective demand is made by us to that effect. 

Commander Ingraham having approved of the conditions therein 
stipulated, Martin Koszta was landed on the afternoon of the same day. 

The excitement caused in town, among the European population 
and the natives, was very great. He was landed amidst the acclama- 
tions of an immense concourse of people, who went to see the man 
who had been rescued from Austrian barbarity, and cheers of "Vive 
r Independence des Etats Unis d'Amerique, and her gallant commander 
who had saved the intended victim from the blood-thirsty Austrians," 
were long repeated by all present. 

The governor of this place, " Ali Pacha," sent his dragoman to ex- 
press the satisfaction he had felt on Koszta's release. 

No measures of interference were taken by the local authorities in 
this matter, and the other authorities felt highly pleased at the happy 
result. 

The firmness with which Commander Ingraham acted, under the cir- 
cumstances, has greatly elevated the character of our country and its 
navy, especially as the Austrian force here was greatly superior to ours, 
as, besides the Austrian brig, there was a schooner of war and three 
Lloyd steamers, two of which were mounted with four guns each, and 
the third with eight, that had been sent on board from the brig the 
same morning. 

I have the honor to enclose copies of the documents referring to this 
matter, and to transmit a despatch to the address of your excellency, 
with its enclosures, sent me by the United States legation at Constan- 



76 H. Doc. 91. 

tinople, which Mr. Brown authorized me to peruse and forward by- 
first mail. 

With great respect and consideration, I remain, sir, your most obedi- 
ent servant, 

E. S. OFFLEY. 
Hon. William L. Marct, 

Secretary of State, Wasfdngton. 



List oj the documents enclosed. 

No. 1. Martin Koszta's declaration to become a citizen of the United 
States. 

No. 2. Commander Ingraham's letter, 28th June, to the commander 
of the Austrian brig. 

No. 3. Mr. Brown's letter to Commander Ingraham, 2Sth June. 

No. 4. Commander Ingraham's letter to the commander of the Aus- 
trian brig, 2d July. 

No. 5. Answer of the commander of the Austrian brig to the latter. 

No. 6. Convention between the Austrian and the United States 
consuls. 



Mr. Offieij to Mr. Marcy. 

United States Consulate, Smyrna, 

July 16, 1853. 
Sir : I have the honor to enclose herewith a duplicate of my despatch 
under date of the 5th present month, and of the documents therein 
mentioned, relative to Martin Koszta, a Hungarian refugee, who had 
been illegally arrested by the orders of the Austrian consul of this 
place, and sent on board of a brig-of-war of that nation, to be conducted 
to Trieste, as well as of his having been given up to the French consul, 
in virtue of a convention passed between the Austrian consul and my- 
self, until the matter of Koszta's nationality and'rights should be settled 
by the United States legation and the Austrian embassy at Constanti- 
nople. 

Koszta continues to be detained in the French military hospital of 
this place, where every attention is paid to him. 

I will take the liberty of quoting a paragraph of a letter of Mr. J. P. 
Brown, our late, charge d'affaires at Constantinople, which he addressed 
me undfc^r dale 16th instant: "The Porte is much gratified with our 
success in the matter. It blames the Austrians, and says that it could 
not support itself at the present moment as it ought, and could have 
done at another time. The whole affiur has done our national charac- 
ter much credit, and I am much gratified with the manner in which 
you took up and sustained the position I saw proper to assume." 



H. Doc. 91. 77 

Trusting, sir, that you will approve of my conduct under the circum- 
stances, I have the honor to be, sir, very respectfully, your obedient 
servant, 

E. S. OFFLEY. 
Hon. William L. Marcy, 

Secretary of' State, Washington, 



Mr. Offley to Mr. Marcij. 

[Extract.] 

[No. 42.] • United States Consulate, Smyrna, 

August 5, 1853. 

On the 16th July last, I had the honor of transmitting to you dupli- 
cate of my despatch dated the 5th of same month, and of the documents 
therein mentioned, relative to Martin Koszta, a Hungarian refugee, w^ho 
had been forcibly arrested by order of the Austrian consulate at this 
place, and taken on board of the "Hussar," an Austrian brig-of-war, 
and afterwards, in accordance to an agreement passed between this 
and the Austrian consulate, was transferred to the French naval hos- 
pital, until his nationality and rights should be settled by the United 
States legation and the Austrian embassy at Constantinople. Since 
Koszta's transfer to the hospital, the Austrian authorities have made 
use of every possible intrigue to induce him to escape from there. This 
has been several times proposed to him by persons whom I have every 
reason to believe are Austrian emissaries, offering to conceal him in 
their houses, whose object, doubtless, was to have him arrested on 
leaving the hospital, by the Austrian spies, who are constantly hovering 
about the buildmg, and restore him again to the Austrians ; but Koszta 
was timely put on his guard by me against all such intrigues on then: 
part. 

I have been informed that, since the revolution of 1848, the emperor 
of Austria had granted a general amnesty to all his subjects who had 
taken up arms against the government, inviting those who had taken 
refuge in foreign countries to return to Austria in the space of six months ; 
and that those who should fail to return in that space of time would lose 
the right of Austrian protection, and that he would nj longer consider 
them as Austrian subjects. 

I have endeavored to get a copy of this decree, thinking it might be 
useful in Koszta's case. " The persons to whom I have applied for it 
remember that an ordinance to this effect had been issued by the em- 
peror of Austria, but I have not succeeded in getting it. 

1 have the honor to be, sir, with great consideration, your obedient 

servant, _^, „,^ 

E. S. OFFLEY. 

Hon. Wm. L. Marcv, 

SccrctruT/ of Slate , Washington. 



78 H. Doc. 91. 

Mr. Mann to Mr. Offley. 

Department of State, 

Washington, August 6, 1853. 

Sir: The department learned, about ten days since, through the 
public prints, that a person, said to be in possession of a passport as an 
American citizen, was recently seized in the city of Smyrna, and con- 
veyed on board an Austrian vessel then lying in the harbor. 

In the same manner it has since understood that this gentleman has 
been placed, at the request of yourself and the Austrian consul, in 
charge of the French consul at Smyrna. Other details have been given, 
to which it is needless now to refer. The department has been waiting 
with much interest, from day to day, to receive from you the official 
account of these important transactions, but, as yet, nothing has come 
to hand, although it is well known that private parties in New York 
have received letters since the date of these occurrences both from 
Smyrna and Constantinople. 

It is to be presumed that you could not have been so negligent in 
regard to your official dutieS; as to omit altogether transmitting informa- 
tion of them to the department. Should it appear, however, that there 
was any delay on your part in writing to the department, or in em- 
bracing the first opportunity of sending despatches, the fact will be at 
once reported to the President. You will in future take care also to 
send a duplicate of your several communications by different convey- 
ances. 

I am, sir, &c., 

A. DUDLEY MANN, 

Acting Secretary of State. 

E. S. Offley, Esq., 

United States Consul, Smyrna. 



Mr. Marcy to Mr. Offiey. 

Department of State, 

Washington, August 13, 1853, 

Sir : Your interesting despatch, under date of July 5, marked dupli- 
cate, has been received, and the important questions to which it gives 
rise are now under grave consideration. 

I am, sir, &c., 

W. L. MARCY. 
E. S. Offley, Esq., 

United States Consul, Smyrna. 



H. Doc. 91. 79 

Mr. Marcy to Mr. Offley. 

Department of State, 

Washifigton, Augtist 31, 1853. 
Sir : Referring to the despatch addressed to j^ou by this department 
on the l;3th instant, in which the receipt of your despatch of the 5th 
ultimo was acknowledged, and you were informed that the important 
questions growing out of the kidnapping of Martin Koszta were under 
consideration, 1 have now to instruct you that, while the President re- 
grets the occurrences presented in those communications, he does not 
find, after the fullest attention given to the subject, any just cause for 
disapproving of your conduct, or that of Captain Ingraham, the com- 
mander of the United States corvette the St. Louis, or that of any of 
our diplomatic agents who took part in the matter. Though Martin 
Koszta was not invested with all the rights and privileges of a citizen 
of the United States, he was, at the time the outrage was committed 
upon him, entitled to the protection extended to him b}' the American 
functionaries at Smyrna. Having placed himself under the consular 
flag at Smyrna, and that of the United States legation at Constantinople, 
he had a right to be protected and respected as an American citizen, 
according to the immemorial usage of that country; a usage which has 
the obligatory character of a law in Turkey, and has been sanctioned 
and upheld by the highest courts instituted by the most enlightened 
nations for the administration of international law. You theretbre did 
nothing more than your duty in claiming for him the protection due to 
one ofour citizens, and you andCaptain Ingraham are justified by your 
government in using the means you did for procuring his release from 
illegal imprisonment. 

I am, sir, &c., 

W. L. MARCY. 

E. S. Offley, Esq., 

United States Consul, Smyrna. 



Mr. OJiey to Mr. Mxrcy. 

fNo 44 1 United States Consulate, Smyrna, 

-■ September 17, 1853. 

Sir : I have the honor to acknowledge the receipt of the despatch 
addressed me by the Acting Secretary of State, the Hon. A. Dudley 
Mann, dated August 6th last past, as well as of your despatch dated 
August the 13th, informing me that my despatch, dated July 5th, rela- 
tive to Martin Koszta, had been received by the department. 

The former reached me on the 9th instant, and the latter yesterday, 
(Ike 16th.) I beg to state that immediately after the occurrence of the 
Ko-szta afliiir, my first care was to report the case t0 your excellency. 
The first mail that offered was that of the 6th of July by the Austrian 
steamer, via Trieste; and akhough my despatch was ready to be sent 
by that opportunity, I preferred forwarding it the day after by the b rencli 



80 H. Doc. 91. 

steamer, via Marseilles, care of the United States legation at London, 
that conveyance being, in my estimation, the safest one; as I feared, if 
I had sent it through Austria, it might have been opened, or even de- 
stroyed. 

The departure of the mail gives me only time to inform you that I 
have just received a despatch, and a duplicate of the same, from the 
United States legation, under date 15th instant, wherein it is stated that 
the proposal made, by the Hon. G. P. Marsh, to the Austrian minister 
at Constantinople, for Koszta's liberation and return to America, has 
been accepted by the Austrian government. I beg to enclose the du- 
plicate of the above despatch, (subjoined A,) as well as copy of a letter 
from the Hon. G. P. Marsh, under date August 4th (subjoined B) to this 
consulate, which contains the nature of the above proposal. I deem it 
my duty to lay these copies before you, as some delay may possibly 
occur in the receipt of the despatch that Mr. Marsh has probably ad- 
dressed you thereon. 

I have the honor to be, sir, with great consideration, your obedient 
servant, 

E. S. OFFLEY. 

Hon. W. L. Marcy, 

Secretary of State, Washmglon, 



A. 

Constantinople, SejJtcmber 15, 1S53. 

Sir : The Austrian government has consented to my proposal for 
Koszta's liberation and return to America, on the conditions offered by 
me. I have not time to make the necessary arrangements before the 
departure of the mail of this evening, but I shall send either an agent, 
or more explicit instructions, by the Monday's boat. 

In the mean time inquiries can be made for an opportunity of taking 
passage for him in an American ship sailing direct for the United States; 
and if he is destitute of means, the legation will provide the funds to 
pay his passage. 

As, however, I have no authority to use the contingent fund of the 
legation ibr this purpose, I hope he will be able to raise the necessary 
means. 

Koszta is to remain at the French consulate until the moment of sail- 
ing, and is then to be put on board the ship under the surveillance of 
the American and Austrian consulates. Of course he can on no ac- 
count leave the P'rench consulate general in the mean time, and 1 earn- 
estly hope that measures will be taken to prevent any public demon- 
stration or disturbance of any sort, either before or at the time of his 
embarcation. 

I am, sir, respectfully yours, 

GEORGE P. MARSH. 

E. S. Offley, Esq., 

United States Consul. 



H. Doc. 91. 81 

Therapia, August 4, 1853. 

Sir : I have this day, at the suggestion of the French ambassador, 
had an interview with Mr. de Bruck on the subject of Koszta's release. 

I modified my former proposal, to the effect that Koszta shoukl be 
put on board the first American ship sailing directly for an American 
port, by the French consulate or the Turkish authorities, with a stipu- 
lation that he shall not land at any Turkish or European port, and that 
if he voluntarily leaves the ship, our protection shall be withdrawn 
from him. 

I think this proposal will be accepted, and I wish you to communi- 
cate it to Koszta, and obtain his consent to it. It will be some days 
(two weeks or more) before an answer can be returned from Vienna. 

The notorious , an Austrian spy and assassin, is said to have 

gone to Smyrna. I hope Koszta will be on his guard against false 
friends as well as open enemies. 



G. P. MARSH. 



E. S. Offley, 

United States Consul, Smyrna. 



Mr. OJley to Mr. Marcy. 

[No. 46.] United States Consulate, Smyrna, 

September 27, 1853. 

Sir: I had the honor of addressing you on the 17th instant, answer- 
ing the despatches from the Department of State, under date of 6th 
and 13th August last, and transmitting the duplicate of a letter I had 
received on that day from the minister resident at Constantinople, dated 
the 15th instant, staling that his proposal for Mr. Koszta's liberation 
had been accepted by the Austrian government ; enclosing also a copy 
of the minister resident's letter of the 4th August, wherein the terms of 
the above proposal were mentioned. 

On the 21st instant, Mr. J. P. Brown, dragoman of the United States 
legation, arrived from Constantinople, and handed me a despatch from 
the minister resident, dated the 19th instant, containing an extract of 
the agreement between the Hon. G. P. Marsh and the Austrian inter- 
nuncio, on Koszta's liberation, and intimating to me to act in the whole 
matter under Mr. Brown's general direction. The agreement was not 
conformable with the tenor and spirit of the above-mentioned letter of 
the legation, under date of August 4, to which Mr. Koszta had given his 
consent, at the request of the minister resident ; but it contained a new 
proviso, to which I ielt it my duty to abstain from giving my assent, 
under the following considerations : 

The Austrian government thereby reserves to itself, " in conformity 

with its rights," to proceed against Koszta whenever he may be found 

again on the Ottoman territory. Last month Mr. Marsh refused to give 

his consent to a clause proposed by Baron de Bruck, which simply 

6 



8^ H. Doc. 91. 

provided that Mr. Koszta should not return again to Turkey, as ap- 
pears by the following extract of a letter written to this consulate by 
Mr. Brown, under Mr. Marsh's instructions, dated the 2d of August 
last, wherein he says : '• The internuncio wishes Mr. M. (Marsh) to 
provide that he (Koszta) will never return again to Turkey, which he 
cannot do. His case will, I believe, soon come to an end." It is there- 
fore surprising that the legation should now concede more than it 
refused to agree to at first, especially as it knows that the prevalent 
opinion of Europe and of the United States has supported our conduct 
in this case. 

I considered the condition admitted by the legation as a triumph to 
Baron de Bruck, and a mortification to the character of our country, 
the effect of which would destroy all the influence and credit that now 
reflects on it in consequence thereof, and would confirm the principle 
laid down by Austria in her manifest and in her press on this subject. 

If Mr. Koszta be merely regarded as a political refugee, the preten- 
sions of Austria, admitted by the legation in its agreement with the 
internuncio, are not only contrary to the laws of nations, but have also 
always been contested to Austria by trance, England, and even Tur- 
key itself; and the question was more particularly resolved in 1849, 
after the events of 1848. 

But Koszta is under the protection of the United States, and, by ac- 
complishing the laws of naturalization, he becomes entitled to the rights 
of a citizen; and, according to that reserve, he would not be able to 
return to Turkey ; and in case he did, Austria would have the right to 
arrest him. No law authorizes the legation to forbid a citizen of the 
United States his liberty of action, and his right of going where he may 
think proper. This seemed to me to establish a dangerous principle. 

Baron de Bruck having sent the agreement heretofore mentioned to 
Vienna for the approbation of his government, it would seem but ra- 
tional that it should also be submitted to the United States government 
for the same purpose, so as to afford our government the same advan- 
tage, and in order that both governments should stand on an equal 
footing in a question of so important a nature, particularly as in all 
diplomatic transactions the approbation of the respective governments 
is always reserved. 

I must also state that having acquainted Koszta with the terms agreed 
upon by Mr. Marsh and Baron de Bruck, he declared that he would 
not, by his full and free will, submit to such conditions, unless the 
agreement should be approved by the United States government, and 
which he confirmed in a letter to me under date of the 24th instant. 

It further appeared to me that, by acceding to the reserve of Austria, 
it would have been a disavowal, by our own free will, of our previous 
acts, and that it would have been inconsequent. Moreover, the dignity 
of the legation cannot suffer from the non-execution or postponement 
of the agreement, as it depends on Mr. Koszta's submitting to the terms 
therein mentioned. 

Had I acceded to the agreement for Koszta's release, it would have 
become an accomplished act ; I would have been co-operating in the 
decision of a case of so grave a nature, so closely connected with and 



H. Doc. 91. 83 

involving the national character, and I would have been consenting 
to conditions that 1 considered to be offensive to its dignity. 

Such are the considerations which have induced me to refuse giving 
my consent to Koszta's release until I receive your instructions thereto, 
and which I submitted to Mr. J. P. Brown, together with your despatch 
of the 13th of August last; and as he insisted on the execution of the 
agreement, I addressed him officially, under date of the 2d instant, 
informing him of my resolution not to give my consent for the removal 
of Koszla under the terms specified in the agreement. 

I trust, sir, that my proceedings will meet your approbation, and that 
the feelings that guided me will be appreciated by you, as 1 am con- 
scious of having acted in support of the dignity of our country, and of 
our highly praised and cherished principles. 
I have the honor to be, &c., 

E. S. OFFLEY. 

Hon. W. L. Marcy, 

Secretary of State, Washington. 



Documents enclosed. 

A. Hon. G. P. Marsh's letter of the 4th of August, 1853. 

B. Hon. G. P. Marsh's letter of the 19th September, 1853. 

C. E. S. OfHey's letter to G. P. Marsh, September 23, 1853. 

D. E. S. Offley's letter to J. P. Brown, September 22, 1853, and his 
answer of the 23d of September, 1853, and E. S. Offley's reply of the 
23d of September, 1853. 

E. E. S. Offley's letter to G. P. Marsh, September 26, 1853. 

F. Martin Koszta's letter to E. S. Offley, September 24, 1853. 



D. 

United States Consulate, Smyrna, 

September 22, 1853. 

Sir: After the interview that I had the pleasure of having with you 
yesterday, I again attentively perused the despatch you handed me 
from the Hon. G. P. Marsh, relative to the agreement he has made 
with M. de Bruck for the release of Mr. Koszta from the French hos- 
pital, and his transfer to an American vessel sailing direct for the 
United States ; and I now beg to inform you that for reasons which I 
shall have the honor of hiying before the honorable G. P. Marsh, by 
to-morrow's boat, and which 1 explained to you yesterday, I deem it 
my duty not to give my consent for his removal from the French hos- 
pital. 

I have the honor to be, &c., 

E. S. OFFLEY. 

J. P. Brown, Esq., ^c, Smyrna, 



84 H. Doc. 91. 

Mr. Brown's answer to the foregoing. 

Smyrna, September 23, 1853. 

Sir : I have received this morning your letter of yesterday, in which 
you make known to me, that you "deem it your duty not to give your 
consent to the removal of Mr. Koszta from the French hospital ;" and, 
in reply, have to request that you will conform to the instructions which 
I handed you on my arrival, from the minister resident, on the subject 
of this person's being placed on board of an American vessel leaving 
direct lor the United States. 

I do this, sir, as a point of duty towards the chief of the legation, 
under whose instructions I act, and because I do not believe that a 
delay will be productive of any useful change in the arrangement agreed 
upon by him and the Austrian minister. 

I shall communicate with the minister resident on the subject ot the 
course adopted by you, and await here his further histructions. 
I remain, sir, &c., 

J. P. BROWN. 

E. S. Offley, Esq., &fc. 



Mr. OJiey''s reply to Mr. Brown. 

Smyrna, Septeinber 23, 1853. 
Sir : I have the honor to acknowledge the receipt of your to-day's 
note, and, in reply, beg to lefer j^ou to the letter I had the hozior of 
handing you this morning. 

I remain, sir, &c., 

E. S. OFFLEY. 
J. P. Brown, Esq., ^:, Smyrna. 

Correct copies. 

E. S. OFFLEY. 



Mr. OJley to Mr. Marcy. 

[No. 47.] United States Consulate, Smyrna, 

October 7, 1853. 

Sir I have the honor to acknowledge the receipt of your despatch 
under date of 31st August last, conveying me the gratifying intelli- 
gence that the President has been pleased to approve of my conduct 
regarding the release of Mr. Martin Koszta from the hands of the 
Austrian authorities of this place. 

Allow me, sir, to take the liberty of assuring you, and through you 
our very respected President, that my earnest desire is, and always 
will be, to merit the confidence bestowed upon me in the discharge of 
my duties 



H. Doc. 91. S§^ 

As the contents of your above despatch established the position and 
the rights of Mr. Martin Koszta to the protection of the United States, 
I have deemed it my duty to transmit him a copy of the same, and 
I now beg to enclose a copy of a letter which he addressed me on the 
5th instant, wherein he begs me to express his gratitude to the United 
States government. 

I have the honor to be, sir, your most obedient servant, 

E. S. OFFLEY. 



[Translation.] 

Monsieur le CcfNSUL : I have had the honor to receive the copy of 
the despatch of the honorable Secretary of State, dated the 31st of 
August, on the subject of my position, which you had the kindness to 
communicate to me. I see liom it, with immense satisfaction and 
gratitude, that the government of the United States considered me as 
placed under the efficacious protection of the American flag, as any 
other citizen. 

Hereafter certain of your support, (the only support I can or ought 
to invoke,) and in the unforeseen circumstance that the consul general 
of France should think fit no longer to extend to me the hospitality I 
have found in the French hospital, I beg that you will protect me. 

I avail myself of this occasion to thank you with all my heart for aU 
you have done in this noble cause, and under such difficult circum- 
stances ; and 1 beg that you will be the interpreter with the govern- 
ment of the United States of my profoundest gratitude. 

Please to accept my respects, and I am your humble servant, 

MARTIN KOSZTA. 

Mr. E. S. Offley, 

Uriited States Consul at Smyrna. 

A correct copy. 

E. S. OFFLEY. 

Smyrna, October 5, 1853. 



Mr. Offley to Mr. Marcy. 

[No. 48.1 United States Consulate, Smyrna, 

October 7, 1853. 

Sir: I respectfully beg to refer to my despatch under date of 27th 
September last, with the enclosed documents, which I forwarded per 
steamer direct for Liverpool, and duplicate of the same on the follow- 
ing day, via Marseilles, wherein I had the honor of informing you of 
the reasons that induced me to abstain from giving my consent to the 
agreement between the Hon. G. P. Marsh and the Austrian internuncio, 
for Koszta's removal from the French hospital of this place. 



86 H. Doc. 91. 

On the 30th ultimo I received the enclosed despatch (sub. A) from 
the minister resident, under date 26th of the same month, in answer to 
my despntch of the 23d. This despatch was transmitted to me in a 
letter (sub. B) from Mr. J. P. Brown, dated the 30th, requesting me to 
inform him "whether or not" I would give my signature for Koszta's 
release from the charge of the French consul. 

I replied to Mr. Brown, on the same day, (sub. C,) that I would in- 
form him of my decision on receipt of an answer from Mr. Marsh to 
my letter of the 26th ultimo, wherein 1 had enclosed a copy of a letter 
from Mr. Koszta, stating his reasons for refusing to submit to the agree- 
ment between M de Bruck and the minister resident, and his wish to 
have it submitted to the United States government for its approval. On 
the same day I received a letter (sub. D) from Koszta, dated the 30th 
September, requesting me to call upon him, as Mr. Brown had been to 
see him, and had used every possible means of intimidation, to make 
him submit to the terms of the agreement and leave immediately for 
the United States. 

These steps on the part of Mr. Brown induced me to believe that an 
understanding had taken place between the minister resident, the Aus- 
trian internuncio, and the French ambassador, and that the two latter 
had given orders to their consuls here to recognise Mr. Brown in my 
stead should I refuse to give my consent for Koszta's embarcation, 
although this consent is one of the essential conditions of the convention 
signed by me and the Austrian consul, on the 2d of July last. 

Being, however, deprived of despatches from the State Department, 
(the despatch of the 31st of August not having been then received,) 
and in consequence of the positive and strong language held by Mr. 
Brown, as well as that of the minister resident, in his despatch of Sep- 
tember 26, the only advice I could give Koszta, in this instance, was to 
postpone giving Mr. Brown a decisive answer as long as possible, as 
the mail from Europe, which was due on that day, might bring des- 
patches from the State Department, throwing more light on the course 
he should pursue, at the same time I assured him of the protection of 
the consulate. 

On the following morning, the 1st of October, I received your des- 
patch of August 31, which 1 hastened to bring to the knowledge of Mr. 
Brown, in the hope that he might have found sufficient importance in 
its contents to induce him to reconsider the case, and direct thereby 
his further action. But after having perused it, he not only continued 
firm in his former opinion, but also went to Mr. Koszta, and told him 
that if he did not leave immediately for the United States, according to 
the agreement, the legation would withdraw from him its protection, 
and that the French consul would send him out of the hospital, and 
that he would fall again into the hands of the Austrians. Notwithstand- 
ing all that Mr. Bnnvn had told Koszta, he persisted in his refusal, 
under the conviction that the United States protection would not fail 
him. Mr. Brown tlien declared that the legation had nothing more to 
do widi him, and on the same evening left for Constantinople. 

On the 1st instant I addressed the Hon. G. P. Marsh, (sub. E,) en- 
closing a copy of your above despatch of the 31st of August last. 

The position of Koszta has not changed ; but should he be driven out 



H. Doc. 91. 8f 

of the French hospital, as Mr. Brown intimated, I will give liim the 
efficacious protection of the American flag, according to the tenor of 
your aforementioned despatch of the 31st of August. 

His expulsion from the hospital, however, is not at all probable, the 
French consul having read me, some time since, a despatch from his 
government, stating that it had approved the charge he had taken, and 
that the only thing that might be regretted would be a disapprobation 
of the United States government of the steps taken by its functionaries, 
in which case the French government would be under the necessity of 
giving him its protection. 

I beg to bring to your notice that the proposal of the Hon. G. P. 
Marsh to Baron de Bruck, for Koszta's release, was sent to Vienna 
about the 30th of July last, and was kept there in abeyance until about 
the middle of September, when they had no doubt heard of the views 
of the United States government on the matter, and they then furwarded 
it to Constantinople lor its execution, and authorized the internuncio, as 
it appears in Mr. Marsh's letter to this consulate, of the 26ih of Septem- 
ber, "to settle the arrangement relative to the same, according to Mr. 
Marsh's proposal;" therefore the clause of reserve must have been 
added in the agreement by Baron de Bruck ; and according to the 
above authorization from his government, he had the pov^er of with- 
drawing it therefrom, had the Hon. George P. Marsh insisted on the 
same. 

I have the honor to be, sir, your most obedient servant, 

E. S. OFFLEY. 

Hon. W. L. MARcy, 

Secretary of State, Washington, 



Smyrna, September 30, 1S53. 

Sir : I have the honor to enclose you a letter from the minister resi- 
dent, on the subject of the departure from this place of Mr. Martin 
Koszta. Be so good as to let me know, at your earliest convenience, 
whether or not you are willing to give your signature for his release 
from the charge of the French consul. 

I remain, sir, with very great respect, your obedient servant, 

JOHN P. BROWN. 
E. S. Offley, Esq., 

United States Consul, Smyrna. 



A correct copy. 



E. S. OFFLEY. 



United States Consulate, Smyrna, 

September 30, 1853. 

Sir : I have the honor to acknowledge the receipt of your letter of 
this day, with the enclosed despatch from the minister resident, under 



88 H. Doc. 91. 

date 26th instant, on the subject of the departure of Mr. Koszta from 
this place, and wherein you request me to let you know whether or not 
I will give my signature for his release from the charge of the French 
consul. 

The minister resident's above letter, as you have no doubt remarked, 
only acknowledges receipt of my despatch dated the 23d instant, whilst 
I had also addressed him on the 26th instant, enclosing copy of a letter 
from M. Martin Koszta to this consulate, wherein he stated his reasons 
for refusing to submit to the agreement between Mr. de Bruck and Mr. 
Marsh, and requested that the same (the agreement) should be sent to 
the United States government, and if approved by it, that he would 
then unhesitatingly give his consent to the same. Mr. Marsh intimates 
in his letter that if Koszta refuses to accede to the agreement, he would 
then inform the Austrian internuncio and the French embassy of the 
same. And he further says, that "Koszta must accept the terms of 
the agreement if he expects furthur aid or countenance from the lega- 
tion." 

Koszta' s written refusal to accede to the agreement leads me to con- 
clude that Mr. Marsh must have acted as he intimates, and has aban- 
doned the case. 

On receipt of Mr. Marsh's expected answer, I shall inform 3'^ou of 
my decision. 

I remain, respectfully, your obedient servant, 



John P. Brown, Esq., ^c, Smyrna. 
A correct copy. 



E. S. OFFLEY. 



E. S. OFFLEY. 



E. 

United States Consulate, Smyrna, 

October 1, 1S53. 

Sir : I had the honor to receive on the 30th ultimo your despatch, 
under date of September 26th, and 1 now beg to enclose a copy of a 
despatch that I have just received from the honorable Secretary of 
State, dated the 31st of August, on the subject of Koszta, which comes 
in support to the remarks contained in my letter of the 23d instant 
relative to the terms of the agreement between yourself and Baron de 
Bruck for Koszta' s removal from the French hospital. 

I regret that I did not receive by to-day's boat an acknowledgment 
to my despatch of the 26th instant, wherein I transmitted you a copy 
ot a letter from Mr. Koszta, in which he states his reasons lor refusing 
to give his consent to the terms of the above agreement, and wherein 
he requests me to submit the same to the United States government for 
its approbation, which I have done ; especially as I hoped you would 
have consented to this delay, which, in my opinion, he has the right to 
expect. 

I shall take the liberty to remark, that, after the perusal of the above 
despatch irorn the Secretary of State, the legation cannot refuse to 



H. Doc. 91. 89 

Koszta its further aid and countenance, and that the threats of Mr. J. 
P. Brown to Mr. Koszta, " that the protection of the United States 
shall be withdrawn from him, and that the French consul will kick 
him out of the French hospital should he continue to refuse to leave 
for the United States on the terms mentioned m the agreement," could 
not be put into practice without an infraction to the rights of men. 

Mr. Koszta has begged me to inform you that he continues to keep 
good his engagement towards you for leaving Smyrna on the terms 
mentioned in your letter of the 4th of August last, which did not contain 
the proviso of the Austrian government relative to the reserve it makes 
of its rights to proceed against him whenever he is again found on the 
Ottoman territory, which I trust you will be able to obtain. 

I have the honor to be, sir, your obedient servant, 

E. S. OFFLEY. 

Hon. G. P. Marsh, 

Mi7iister Resident of the United States at Constantinople. 



Mr. Ofey to Mr. Marcy. 

[No. 49.] United States Consulate. Smyrna, 

October 7, 1853. 

Sir : I have the honor to refer to my despatch of to-day's date, and 
I now beg to transmit herewith a copy of a despatch from the Hon. 
George P. Marsh, which I received to-day, and my answer thereto. 

Though I observe some contradictions in IMr. Marsh's letters, I have 
thought it my duty to consent to Mr. Koszta's embarcation, under the 
positive assurance of Mr. Marsh that the reserve of Austria is no part 
of the agreement. 

I have the honor to be, sir, your most obedient servant, 

E. S OFFLEY. 

Hon. W. L. Marcy, 

Secretary of State. 

United States Consulate, Smyrna, 

October 7, 1853. 

Sir : I have the honor to acknowledge the receipt of your letter 
under date of 5th of October, and take the liberty to quote two para- 
graphs of your despatch dated 19th September: "and the following 
extract from the internuncio's letter specifies the terms of the agreement;'' 
then follow the conditions of the embarcation, and the clause, "Le 
gouvernement imperial se reserve cependant de proceder," &c. You 
then give me instructions for Koszta's embarcation, and say: "you 
will take from Koszta a writing testifying his full and free agreement 
to the terms above stijmlated.'' By "terms above stipulated," and 
"terms of the agreement," I could not but understand that the reserve 
of Austria was a part of the agreement, and a clause mutually con 
sented to between you and Baron de Bruck.. 
7 



90 H. Doc. 91. 

In your letter of the 5th instant you state that "the reservation in 
M. de Bruck's letter is no part of the agreement between him and your- 
self, and that no assent to the principle insisted on by Austria has been 
given by you," and that the Hon. Secretary of State has fully instructed 
you on the whole subject. Such being the case, I will, without loss of 
lime, attend to his embarcation, according to your previous instructions, 
under your assurance that the reserve of Austria, "le gouvernement 
imperial," &c., is no part of the agreement, and that you have not given 
your consent to it. 

I have been to see Koszta, and he agrees to his departure under the 
explanations contained in your above despatch of the 5th instant. I 
have likewise seen Mr. Weckbecker, and I do not anticipate any diffi- 
culty on his part as to the arrangements for Koszta's embarcation, 
which will probably take place to-morrow. 

It was painful for me to observe that you seem to consider that my 
refusal for Koszta's relief was caused "by an irritation growing out of 
my personal relations with Mr. Brown," and not by the clause afore- 
said. The cause, however, can be easily understood on reading my 
previous letters on this subject. 

I have the honor to be, sir, your obedient servant, 

E. S. OFFLEY. 

Hon. G. P. Marsh, 

Miniater Resident of the United States, Constantino'ple. 



Mr. Ojffley to Mr. Marcy. 

[No. 50.] United States Consulate, Smyrna, 

October 17, 1853. 

Sir : I respectfully beg to refer to my three despatches of the 7th 
instant, Nos. 47, 48, 49, duplicates of which I shall have the honor of 
transmitting by to-morrow's mail via England. 

The embarcation of Mr. Martin Koszta took place on the afternoon 
of the 14th instant, on board the barque "Sultana," of Boston, Charles 
Watson, master, which left for Boston early on the following morning. 
I beg to enclose a copy of a letter dated the 14th instant, addressed to 
this consulate by Mr. Koszta, which he handed me after his embarca- 
tion ; as well as a copy of a letter addressed by me and the Austrian 
consul. to the French consul general, demanding the release of Koszta, 
according to our convention of July 2d last; also, copy of a letter that 
I have this day written to the Hon. George P. Marsh, informing him 
of Koszta's departure. 

Trusting that you will approve of my conduct, I remain, sir, with 
great consideration, your obedient servant. 



Hon. W. L. Marcy, 

Secretary of State, Washington. 



E. S. OFFLEY. 



H. Doc. 91. 91 

[Translation.] 

Sir: I had the honor of an interview with his eminence Mr. Brown 
this afternoon, and he was so kind as to inform me, that during his emi- 
nence's stay at Smyrna, his excellency, Mr. Marsh, had received posi- 
tive instructions from the President of the United Slates to bring my 
matter to a close, and that once at liberty, the question of right will be 
the subject of ulterior negotiations between the two governments. I 
said that I never would give my consent to the treaty concluded by his 
excellency Mr. Marsh and the internuncio of Austria, and that I should 
never acknowledge any right that Austria may pretend to have over me. 
His eminence replied that these terms were only inserted in the treaty 
with reference to the American legation, and the reversal, that I would 
give my full and free consent to all the conditions of that arrangement, 
would also have been with reference only to the American legation ; 
but now I must not give any reversal, nothing in writing, but accept 
my freedom at once, and this very evening start for America. In the 
event of my refusal, his excellency will immediately withdraw from me 
the protection of the American flag, and will also tell Mr. Pichon, con- 
sul of France, to refuse me his hospitality, and to turn me out of the 
hospital. 

As it is impossible for me to depart at once, and as I really want to 
reflect upon this point, I have begged his eminence to grant me a lew 
days of delay, and also the liberty to consult you; he has been so kind 
as to grant me a delay until to-morrow at 12 o'clock. 

This time is, indeed, very short, and I beg that you will pardon me 
if 1 entreat that you will grant me a few moments, and to come to me. 

I remain your very obliged servant, 

MARTIN KOSZTA. 

Mr. E. S. Offley, 

United States Consul, Smyrna. 

Correct copy. 

E. S. OFFLEY. 

Smyrna, September 30, 1853. 



[Translation.] 

Smyrna, October 14, 1853. 

Monsieur le Consul General : We have had the honor to inform 
you that, conformably with the terms of our convention of July 2d, 
last, and in pursuance of the instructions of our respective ambassadors 
at Constantinople, Mr. Martin Koszta will take passage, under our su- 
pervision, on board the first American vessel. 

We beg you, therefore, M. consul general, to give the necessary 
orders to the doorkeeper of the French hospital, in order that Mr. 
Martin Koszta may be at liberty to go out at the time of his embarca- 
tion. 



§2 H. Doc. 91. 

Be pleased at the same time, M. consul general, to accept our sin- 
cere thanks for the extreme kindness and amiability you have evinced 
towards us on this occasion. 

We have the honor to remain your very humble servants, 

WECKBKCKER. 
E. S. OFFLEY. 
Mr. T. PicHON, 

Consul General of France, ^'c, Smyrna. 
A correct copy. 

E. S. OFFLEY, United States Consul. 














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